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When is lack of perfect tender not fatal to a contract?

A. Failure to deliver perfect tender is always fatal to a contract governed by the UCC.
B. When it is possible to perfectly tender.
C. It is never fatal.
D. It depends on the circumstances.

Answer :

Final answer:

Lack of perfect tender is not always fatal to a contract under the UCC; it depends on circumstances such as waivers, cure opportunities, or installment contracts that allow for minor defects. So the correct option is d. It depends on the circumstances.

Explanation:

The question relates to contract law under the Uniform Commercial Code (UCC) and specifically to the concept of perfect tender. The principle of perfect tender allows buyers to reject goods that do not meet all the contract specifications. However, there are circumstances under the UCC where a lack of perfect tender is not fatal to a contract. These include instances where there is a waiver by the buyer, an agreed-upon cure by the seller, or when the parties have agreed to installment contracts that allow for some defects as long as they do not significantly impact the contract as a whole. Therefore, the correct answer to the question is: It depends on the circumstances.

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