Pep Paints agrees to sell to Quality Painters Grade A-1 latex outdoor paint to be delivered May 8. On May 7, Pep tenders Grade B-2 paint. Quality re?jects the Grade B-2 paint. Two days later, Pep tenders Grade C-3 paint with an offer of a price allowance. Pep has
A) additional, unlimited time to cure.
B) a reasonable, additional time to cure.
C) one more day to cure.
D) no more time to cure.

Question

Quizplus · Accepted Answer

Pep has breached the contract by tendering grade B-2 paint, and the rejection by Quality confirms that the contract has not been varied. Therefore, Pep has no more time to cure and is obligated to deliver Grade A-1 paint by May 8. The subsequent offer of Grade C-3 paint with a price allowance is not a cure but a new offer, which Quality is free to accept or reject.

Pep Paints Agrees to Sell to Quality Painters Grade A-1