MBE Rules · Contracts

Seller's Right to Cure

UCC §2-508

The rule

After rejection, a seller may cure within the contract time, and beyond it when the seller reasonably believed the tender would be acceptable — with money allowance or otherwise — upon seasonable notice.

In plain English

The Seller's Right to Cure allows a seller to fix a defective delivery after the buyer has rejected it, as long as the seller does so within the time specified in the contract. If the seller reasonably believed that the goods would be acceptable, they can also cure beyond the contract time, provided they notify the buyer in a timely manner.

Worked example

A seller delivers 50 widgets to a buyer, but the buyer rejects them due to a minor defect. The seller then fixes the defect and delivers the corrected widgets within the original contract time. The buyer must accept the cured goods.

Memory hook

Cure your mistakes before the deadline, or risk rejection!

The trap

Exams may present scenarios where the seller's belief about the acceptability of goods is ambiguous, leading students to misinterpret the seller's right to cure.

How examiners test it

Questions often involve a scenario where goods are rejected and test the timing and reasonableness of the seller's cure efforts.

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