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What are the problems about payment, distribution, and tender of performance?What are UCC Condition of Performance? What is the Restatement Condition of Performance?Discussion QuestionPractice QuestionAcademic Research

What are the conditions concerning payment, delivery, and tender of performance?

Tendering performance suggests to market or attempt to perform the agreement. Often a party"s sell or attempt to perdevelop is adequate to accomplish the problem of performance and obligate the various other party"s performance. That is, a party cannot prevent her responsibility under the contract by failing to accept the other party"s tender of performance. One party giving or attempting to perdevelop is a condition to the other party"s duty to perdevelop. Unless a contract claims otherwise, the default rules under the UCC and Restatement area conditions on the delivery of services and also the shipment of a product by a party to a contract.

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What are UCC Condition of Performance? 

The UCC says the buyer tendering payment to the seller of a good is a problem that have to be satisfied prior to the seller has actually the duty to supply the good.

Example: I market to purchase an expensive jacket from you. You accept. I have to offer to give you the money before you are obligated under the contract to provide me the jacket.

What is the Restatement Condition of Performance?

Similarly, the Restatement requires that a company provider must tender performance prior to the other party has a duty to pay for those services.

Example: I sell to paint your residence for $500. You accept. I have to finish my obligation to paint your house before you are obligated to pay me $500. In this situation, tendering performance is completing my duty to paint.

In either instance, rejecting a party"s tender of performance can constitute a breach of contract if the tender of performance conforms to the demands of the contract.

See more: Pair It Down Or Pare It Down, Pare ​Definitions And Synonyms


Discussion Question

Why execute you think tending performance as a condition is treated in a different way under the UCC versus the Restatement?


Practice Question

 Herguy provides to purchase machinery for his service from Jamie. The offer is silent on who must perdevelop first. Hermale asks that Jamie ship the goods to his organization place so that he have the right to check it. If it meets inspection, he will pay for the machinery. Jamie refoffers and also asks Herman to pay initially. If both parties refusage to percreate initially, that is likely legally liable for breach of contract?

Under the provisions of the UCC on problem of performance concerning sale of goods, the sellers major obligation is to tender of shipment of the commodities to the buyer. This implies that the seller is obligated to tender performance (which implies bringing the products to the buyer - even if it means by way of shipping) prior to the buyer has actually the obligation to pay for them. Although in particular contracts the parties may agree that the seller maintains possession of the goods until the buyer have the right to pay for them. Wright here such specific terms are not expressed in the contract, then the seller is obligated via bringing the items to the buyer before he receives payment. It is Jamie"s obligation to provide the items to Herguy, who has actually the best to examine the goods, before he receives payment.

Academic Research