Asked by Spiro Billos on Jun 11, 2024
Verified
Can Toshi reject the dolls because of Yolanda's late delivery?
A) Yes, under the perfect tender rule, the seller must conform to the specifications of the contract.
B) Yes, because the delivery must comply with contract specifications.
C) Probably not, because the course of performance of this contract creates an exception to the perfect tender rule.
D) Probably not, because the course of dealings between the parties creates an exception to the perfect tender rule.
E) Probably not, because the usage of trade exception is inapplicable.
Perfect Tender Rule
A legal principle requiring sellers to deliver goods to buyers exactly as specified in their contract, with no deviations.
Course of Performance
A legal concept referring to the conduct between parties in the execution of a contract, helping to interpret or modify the contract's terms.
Late Delivery
The failure to transport or send goods to the designated recipient within the agreed timeframe.
- Identify and explain the exceptions to the perfect tender rule.
- Analyze how course of performance and course of dealing can influence contract execution and expectations.
Verified Answer
DB
dagnachew bizunehJun 14, 2024
Final Answer :
D
Explanation :
The course of dealings between Toshi and Yolanda, where Toshi has previously accepted late deliveries and substitutions, creates an exception to the perfect tender rule, suggesting Toshi may not be able to reject the dolls based on the late delivery.
Learning Objectives
- Identify and explain the exceptions to the perfect tender rule.
- Analyze how course of performance and course of dealing can influence contract execution and expectations.