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Contracts • Performance Under UCC
K#113
Legal Definition
In some scenarios, a seller who fails to make a perfect tender will get a "second chance" to fix the problem. This is known as "curing" the problem. Sellers do not always have this opportunity, and buyers cannot force the seller to cure.
Plain English Explanation
When you're sick, there's something wrong with you. When someone cures you of your sickness, they fix what is wrong.
Similarly, under contract law, when there is something wrong with performance that it would usually constitute a breach of the contract, the "ability to cure" is the attempt to fix whatever the problem was.
Similarly, under contract law, when there is something wrong with performance that it would usually constitute a breach of the contract, the "ability to cure" is the attempt to fix whatever the problem was.
Hypothetical
Hypo 1: Bob orders 500 red widgets from Sam. Sam delivers 500 blue widgets. Bob wants red widgets more than he wants to deal with suing Sam for breach. Result: Bob cannot force Sam to cure the problem by sending the correct color widgets, but Sam may have the opportunity to cure if the contract or circumstances allow it.
Visual Aids
Related Concepts
How may a buyer revoke acceptance of goods?
What are a buyer's rights to reject goods in an installment contract?
What factors limit a buyer's ability to reject goods?
What happens if a seller wishes to cure beyond the time obligated for performance?
What happens if a seller wishes to cure within the time obligated for performance?
What is the buyer's right of inspection?
What is the effect of a buyer accepting goods on his ability to reject them?
What is the perfect tender rule, and what is the consequence of less than perfect tender?
When is the price due in carrier cases, shipment contracts, and destination contracts?
When is the price due in non-carrier cases?
When may the seller demand payment in an installment contract?
