Family Time Restaurant has a contract with Prime Meats for Prime to deliver 100 pounds of ground sirloin twice a week for the next three months.If,on one delivery,Prime brings 95 pounds of ground chuck instead of 100 pounds of ground sirloin,
A)Family Time may unquestionably reject the non-conforming goods because they vary in both quantity and quality.
B)Family Time may reject the non-conforming installment only if it substantially impairs the value of that installment and cannot be cured.
C)Prime has no right to cure.
D)the perfect tender rule applies.

Question

Quizplus · Accepted Answer

According to the perfect tender rule, the seller must deliver goods that conform to the contract in every way. However, if there is a non-conforming installment, the buyer may only reject it if it substantially impairs the value of that installment and cannot be cured. In this case, Family Time may reject the non-conforming installment, but only if it substantially impairs the value of that installment and cannot be cured. Prime may have the right to cure the non-conformity by delivering the correct goods in the next delivery. Therefore, option B is the best choice.

Family Time Restaurant Has a Contract with Prime Meats for Prime