“At common law, a buyer of goods possessed a legal right to insist upon ‘perfect tender’ by the seller. If the goods failed to conform exactly to the description in the contract — whether as to quality, quantity or manner of delivery — the buyer could reject the goods and rescind the contract, which meant that the parties would be returned to the positions they occupied before the contract was entered into.” Marvin A. Chirelstein, Concepts and Case Analysis in the Law of Contracts 112 (1990).
perfect tender rule
perfect-tender rule. Commercial law. The principle that a buyer may reject a seller’s goods if the quality, quantity, or delivery of the goods fails to conform precisely to the contract. • Although the perfect-tender rule was adopted by the UCC (§ 2-601), other Code provisions — such as the seller’s right to cure after rejection — have softened the rule’s impact. Cf. SUBSTANTIAL-PERFORMANCE DOCTRINE. [Cases: Sales 177. C.J.S. Sales §§ 162, 189, 194, 197–198.]
