Perfect Tender Rule
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Perfect Tender Rule
In the United States, the perfect tender rule refers to the legal right for a buyer of goods to insist upon "perfect tender" by the seller. The rule appears in the Uniform Commercial Code The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through U ... (UCC) § 2-601. The UCC was designed "to simplify, clarify, modernize, and make uniform the law of commercial transactions." In a contract for the sale of goods, if the goods fail to conform exactly to the description in the contract (whether as to quality, quantity, or manner of delivery) the buyer may nonetheless accept the goods, or reject the goods, or reject the nonconforming part of the tender and accept the conforming part. The buyer does not have an unfettered ability to reject tender. While the UCC § 2-601 codifies the perfect tender rul ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Legal Information Institute
The Legal Information Institute (LII) is a non-profit public service of Cornell Law School that provides no-cost access to current American and international legal research sources online. Founded in 1992 by Peter Martin and Tom Bruce, LII was the first law site developed on the internet. LII electronically publishes on the Web the U.S. Code, U.S. Supreme Court opinions, Uniform Commercial Code, the US Code of Federal Regulations, several Federal Rules, and a variety of other American primary law materials.. LII also provides access to other national and international sources, such as treaties and United Nations materials. According to its website, the LII serves over 40 million unique visitors per year. Since its inception, the Legal Information Institute has inspired others around the world to develop namesake operations. These services are part of the Free Access to Law Movement. History LII was established in 1992 at Cornell Law School by Peter Martin and Tom ...
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Cornell Law School
Cornell Law School is the law school of Cornell University, a private university, private, Ivy League university in Ithaca, New York. One of the five Ivy League law schools, Cornell Law School offers four degree programs (Juris Doctor, JD, Master of Laws, LLM, Master of Studies in Law, MSLS and Doctor of Juridical Science, JSD) along with several dual-degree programs in conjunction with other professional schools at the university. It was established in 1887 as Cornell University's Department of Law. Currently, the school graduates around 200 students each year. Cornell Law School is home to the Legal Information Institute (LII), the ''Journal of Empirical Legal Studies'', the ''Cornell Law Review'', the ''Cornell Journal of Law and Public Policy'', and the ''Cornell International Law Journal''. History 19th century The Law Department at Cornell opened in 1887 in Morrill Hall (Cornell University), Morrill Hall with Judge Douglass Boardman as its first dean. At that time ...
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Uniform Commercial Code
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through UCC adoption by all 50 states, the District of Columbia, and the Territories of the United States. While largely successful at achieving this ambitious goal, some U.S. jurisdictions (''e.g.'', Louisiana and Puerto Rico) have not adopted all of the articles contained in the UCC, while other U.S. jurisdictions (''e.g.'', American Samoa) have not adopted any articles in the UCC. Also, adoption of the UCC often varies from one U.S. jurisdiction to another. Sometimes this variation is due to alternative language found in the official UCC itself. At other times, adoption of revisions to the official UCC contributes to further variation. Additionally, some jurisdictions deviate from the official UCC by tailoring the language to meet their unique ...
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University Of Richmond School Of Law
The University of Richmond School of Law (abbreviated as Richmond Law) is the law school of the University of Richmond, a private liberal arts college in Richmond, Virginia. Richmond Law is ranked tied for 66th in the US by ''U.S. News & World Report''.
''US News''
With approximately 150 J.D. candidates per class year, the University of Richmond School of Law is Higher education accreditation in the United States, accredited by the .
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Michigan Law Review
The ''Michigan Law Review'' is an American law review and the flagship law journal of the University of Michigan Law School. History The ''Michigan Law Review'' was established in 1902, after Gustavus Ohlinger, a student in the Law Department (now the Law School) of the University of Michigan, approached the dean with a proposal for a law journal. The ''Michigan Law Review'' was originally intended as a forum in which the faculty of the Law Department could publish its legal scholarship. The faculty resolution creating the ''Michigan Law Review'' required every faculty member to submit two articles per year to the new journal. From its inception until 1940, the ''Michigan Law Reviews student members worked under the direction of faculty members who served as editor-in-chief. The first of these was Floyd Mechem, the last Paul Kauper. In 1940, the first student editor-in-chief was selected. During the years that followed, student editors were given increasing responsibility and ...
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University Of Michigan
The University of Michigan (U-M, U of M, or Michigan) is a public university, public research university in Ann Arbor, Michigan, United States. Founded in 1817, it is the oldest institution of higher education in the state. The University of Michigan is one of the earliest American research universities and is a founding member of the Association of American Universities. In the fall of 2023, the university employed 8,189 faculty members and enrolled 52,065 students in its programs. The university is Carnegie Classification of Institutions of Higher Education, classified among "R1: Doctoral Universities – Very high research activity". It consists of nineteen colleges and offers 250 degree programs at the undergraduate and graduate levels. The university is Higher education accreditation in the United States, accredited by the Higher Learning Commission. In 2021, it ranked third among American universities in List of countries by research and development spending, research expe ...
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Substantial Performance
At common law, substantial performance is an alternative principle to the perfect tender rule. It allows a court to imply a term that allows a partial or substantially similar performance to stand in for the performance specified in the contract. This principle is relevant when a contractor's performance is in some way deficient, through no willful act by the contractor, yet is so nearly equivalent that it would be unreasonable for the owner to deny the agreed upon payment. If a General contractor, contractor successfully demonstrates substantial performance, the owner remains Obligation, obligated to fulfill payment, less any damages suffered as a result of the deficiencies in workmanship by the contractor. The principle is also found in the law of unilateral contracts. Unilateral contracts are contracts in which one party offers a promise in exchange for an actual performance. Traditionally, such contracts were deemed to be effective once the specified performance was tendered, a ...
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Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that pacta sunt servanda, agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jur ...
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