Sally contracted with Ben,who operates a farm in Guatemala,for the importation of some great coffee beans for her coffee shop.The contract provided that Ben would be sure the coffee arrived by September 1^st,in time for an open house Sally had planned.Sally was not worried because Ben had always delivered on a timely basis in the past.Ben was busy and was late getting the beans in transit.The beans did not arrive until September 2^nd.Sally shipped them back and refused to pay.Ben sued.What is Sally's best defense? A) That Ben failed to substantially perform. B) That Ben failed to materially perform. C) That Ben violated the perfect tender rule. D) That Ben's beans were not that good and that she decided to go with another brand. E) She has no defense because he was only one day late, and she should pay.

Question

Quizplus · Accepted Answer

UCC Sections 2-601 and 2A-509 embrace the perfect tender rule. These sections indicate that if goods or tender of delivery fail in any respect to conform to the contract, the buyer/lessee has the right to accept the goods, reject the entire shipment, or accept part and reject part.

Sally Contracted with Ben,who Operates a Farm in Guatemala,for the Importation