Sales and Leases - A Problem-based Approach, 2016a

10.1.3.2.2. The goods must be kept available for the period reasonably necessary
to enable the buyer to take possession. Comment 3 notes that “usage of the trade
and the circumstances of the particular case” determine what constitutes a
reasonable period.
10.1.3.2.3. Unless otherwise agreed, the buyer must furnish facilities reasonably
suited to the receipt of the goods.
Problem 10-1. I walk into a candy store and order 2 pounds of dark chocolate. The clerk hands
me 2 pounds of milk chocolate. Has tender of delivery occurred? Why or why not?
Problem 10-2. I walk into a jewelry store and purchase a watch. The clerk agrees to sell me the
one I specify, but it has to be ordered. The watch comes in a few weeks later, and the jewelry
store puts my name on it. Has tender of delivery occurred? Why or why not?
Problem 10-3. On Thursday you see a painting you want to buy during an art show. The artist
agrees to sell it to you for $200, and you both agree that you will pick it up after the show on
Sunday. The artist calls you at noon on Sunday and tells you the painting is available to pick up.
Has the artist made an acceptable tender of delivery?
Problem 10-4. A Law firm orders stationery from a stationery store, to be delivered by the store
within the next few days to the law firm. The store delivers the stationery on a Saturday, when
the law firm is closed. Has the store made an acceptable tender of delivery?
10.1.3.3. The contract terms (whether oral, written, or as determined by usage of trade,
course of dealing or course of performance) should specify how delivery occurs. You
need to be able to distinguish between contracts (1) wherein either the seller or buyer
agrees to be responsible for delivery, or (2) wherein the parties agree that an independent
third party (a “common carrier”) is responsible for delivery. Examples of contracts not
involving a common carrier:
When you purchase a bottle of wine at the grocery store, delivery occurs at
the cash register, when the buyer takes possession of the goods.
When you purchase new carpet from a retail carpet store, the seller often
agrees to deliver the carpet to your home in its own delivery truck.
If you purchase furniture at a self-serve furniture store, the seller agrees to
simply make the furniture available at its loading dock, and the buyer is
responsible for getting it home.
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