Contracts

Contracts

Contracts

Merchant ships goods similar but not exactly what was ordered does the consumer have to accept the order

In the case above it depends whether the shipped goods comply with the perfect tender or nonconforming goods as stipulated in the UCC that harmonize sales law as the well commercial transaction. Under perfect tender, it does not give full rights to the buyer. Therefore the customer can accept all, reject all, or accept some goods that are conforming and reject the remaining goods within a reasonable time upon delivery. Before accepting or rejecting the customer must give a notification to the seller. It is the prerogative of the customer to state the reasons when declining for any reason later cannot be used in a court case (The United States, 2013). Besides that, the contract cannot be breached entirely if the seller delivered non-conforming goods though it is illegal before the date of performance has reached.

On the other side, these goods can fall under non-conforming when the note of accommodation accompanies them. Hence the tender is taken as a counteroffer, and its acceptance implies that a new contract has been entered into and it is binding to the buyer at the previous contract price. For the case the buyer rejects the goods, the buyer has the right to sell the said goods at private or public auction then the amount is credited by the buyer to get his money back (The United States, 2013).

 Difference between a void contract and voidable contract

A voidable contract refers to a contract that a party gets the rights to enforce the contact while a void contract is not enforceable. Whenever the agreement between the parties in a contract is compromised, the contract is voidable at the choice of the party who is aggrieved whereas when it is impossible to execute the contract, it becomes voidable. In a situation, the contract is void none of the parties can seek for any damage in case of non-performance of the contact. However, the party aggrieved in the voidable case has the right to claim damages as a result of the loss. The voidable contract remains valid apart from when any side revokes it within the stipulated period. Conversely, a void contract is valid at the time of inception but later becomes invalid (The United States, 2013).

References

The United States, (2013). United States code: Containing the general and permanent laws of the United States, in force on January 14, 1983. Washington: U.S. G.P.O.


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