Themis Bar Practice Exam

When tender of goods does not conform to the contract, the buyer may reject the nonconforming tender. But if there is time left to perform and the deficiency is curable, the seller has the opportunity to cure by delivering conforming goods within the contract period. This combination—rejecting the nonconforming tender and, if time remains, allowing the seller to cure—is the remedy that best fits the situation. It preserves the buyer’s right to avoid accepting defective goods while giving the seller a practical chance to fix the issue and still complete performance on time. The other remedies don't capture this flexible cure option: damages-only focuses on breach after it occurs, specific performance is usually unavailable for ordinary goods, and liquidated damages alone don’t address the opportunity to cure a nonconforming tender.