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ch21

West's Business Law with Online Research Guide, 9th Edition

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GOOD FAITH Obligations of good faith and commercial reasonableness underlie every sales and lease contract under the UCC. Section 1-203 provides: Every contract or duty within this Act imposes an obligation of good faith in its performance and enforcement. The parties cannot waive or disclaim the UCC’s good faith requirement. “Good faith” for a non-merchant means honesty in fact . For a merchant, good faith requires both honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade . (In other words, the UCC holds merchants to a higher standard than ordinary persons.) Ch. 21: Performance of Sales and Lease Contracts - No. 1 West’s Business Law (9th ed.)
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TENDER OF DELIVERY Tender of Delivery requires that the seller (1) have and hold conforming goods at the disposal of the buyer, and (2) give the buyer reasonable notice to enable the buyer to take delivery. Unless the parties have agreed otherwise, (1) the goods must be tendered for delivery at a reasonable hour ; (2) the goods must be kept available for a reasonable period of time for the buyer to take possession; and (3) all goods called for by the contract must be tendered in a single delivery , unless the circumstances are such that either party can rightfully request delivery in lots. Ch. 21: Performance of Sales and Lease Contracts - No. 2 West’s Business Law (9th ed.)
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PLACE OF DELIVERY: NONCARRIER CONTRACT Where the contract does not designate the place of delivery for the goods, (1) if the buyer is to pick them up from the seller , the place of delivery is the seller’s place of business or residence, if the seller has no regular place of business; or (2) if the goods are being held by a bailee , the place of delivery is the location of the goods . Ch. 21: Performance of Sales and Lease Contracts - No. 3 West’s Business Law (9th ed.)
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PLACE OF DELIVERY: SHIPMENT CONTRACT Where the contract requires or authorizes the seller to ship the goods by a carrier, the seller must (1) deliver the goods to a carrier ; (2) make a contract , reasonable given the nature of the goods and their value, for transport of the goods; (3) obtain and promptly deliver to the buyer any documents of title necessary for the buyer to take possession of the goods from the carrier; and (4) promptly notify the buyer that shipment has been made. Ch. 21: Performance of Sales and Lease Contracts - No. 4 West’s Business Law (9th ed.)
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PLACE OF DELIVERY: DESTINATION CONTRACT Where the contract requires the seller to deliver or arrange for the delivery of the goods to a particular destination, the seller must (1) tender the goods at a reasonable hour; (2) keep the goods available for a reasonable period of time for the buyer to take possession; and (3) obtain and promptly deliver to the buyer any documents of title
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