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Chapter 23 question The UCC requires courts to consider usage of trade, course of dealing, and course of performance when interpreting the perfect

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Chapter 23 quesTon ±he UCC requires courts to consider usage of trade, course of dealing, and course of performance when interpreTng the perfect tender rule. Common law does not consider these norms when interpreTng contracts. Why not? My answer??? Under the UCC, the perfect tender rule applies such that all the parTes to a contract have to tender performance perfectly or exactly as stated in the contract and provides for no disTncTon between material and minor breaches to the contract. On the other hand, common law does not consider the norms highlighted by UCC when interpreTng the perfect tender rule because if a party to the contract breaches the contract, the breach is said to be a minor breach. ±he party responsible for the breach may then be able to recover the damages minus the amount the non-breaching party is to use to Fx the necessary damages done by the breaching party. Paul Oppliger Response:: A common law rule known as the perfect tender rule requires that the seller deliver goods in conformity with the terms of the contract. All the way down to the last detail. ±he UCC SecTons 2-601 and 2A-509 embrace the perfect tender rule. Common law usually subsTtutes perfect tender with the doctrine of substanTal performance. SubstanTal performance occurs when all the material elements of a contract are saTsFed even if some nonmaterial requirements may not be saTsFed. ±he perfect tender rule would not recognize the disTncTon between material and immaterial contractual requirements. My response to Paul???? Gabriel Wyble response:: Common law does not consider them norms because the perfect tender rule would not be able to know the di²erence between material and immaterial contractual requirements. So instead they use something called substanTal performance which occurs when material elements of a contract are saTsFed even when some of the immaterial requirements may not be. MY RESPONSE to Gabriel????
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Chapter 24 quesTon ±he UCC limits specifc perFormance as a remedy to situaTons where the goods are unique or scarce. Why impose the limitaTon? My answer??? UCC imposes this limitaTon so as to grant the buyer with the right to replevin. Under the arTcle 2-716 oF the UCC, the courts are allowed to have a liberal a²tude when dealing with cases that relate to specifc perFormance oF contract oF sale. ±his limitaTon thereFore provides For the parTes involved in the specifc perFormance contract oF sale oF unique and scarce goods to contract around the tradiTonal rule. Gabriel Wyble response::: People may impose limitaTon For the Fact that in contract they have it covered and agreed upon when specifc things happen that can cause a lose For one oF the parTes there has to be a way For it to be Fair For both parTes. MY response to Gabriel???
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Chapter 23 question
The UCC requires courts to consider usage of trade, course of dealing, and course of performance when
interpreting the perfect tender rule. Common law does not consider these...

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