Contracts and Sales Multistate Bar Practice Exam

What must a non-carrier seller do when tendering goods to the buyer?

1. Deliver goods directly to the buyer's destination

2. Put and hold conforming goods at the buyer's disposition

3. Send goods via a third-party delivery service

4. Collect payment before tendering goods

The correct answer is: Put and hold conforming goods at the buyer's disposition

When a non-carrier seller is tendering goods to the buyer, the seller is required to put and hold conforming goods at the buyer's disposition. This means that the seller must make the goods available for the buyer in a suitable location, allowing the buyer the opportunity to take possession. This obligation is rooted in the principles of contract law and the Uniform Commercial Code (UCC), which governs sales of goods. The term "conforming goods" refers to the goods that meet the specific standards set forth in the contract. By putting and holding these goods at the buyer's disposition, the seller ensures that the buyer can inspect and accept them, which is critical for a proper tender of performance under the contract. If the seller were to deliver the goods directly to the buyer's destination, send goods via a third-party delivery service, or collect payment prior to tendering, they would not be fulfilling the specific obligations that the UCC outlines for a non-carrier seller. Therefore, the requirement to put and hold conforming goods is the correct and most appropriate course of action when fulfilling their obligations in the sales process.