On The Remedies Of The Seller In The Uniform Commercial Code Of America

At first,UCC2-508 stipulates the right to cure of sellers to balance the stringent consequence of perfect perform rule that come from UCC2-601,so,the benefit would not lean to buyer heavily.But the broadly right to cure exerts to much inconvenience、risk and cost,after all,it is the seller that triggers the first shot. On the basis of balancing interest of two parts,the article provides the following advises about right to cure in UCC,trying to enhance the explicit 、 definiteness and predictability.first,referring to the CISG,seller should not exercise right to cure unless that would not exert undue inconvenience、risk and cost for buyer,no matter before the deadline of performance or behind.Second,UCC should clear and definite the obscure points,such as dispensable acknowledge of defects,actually,when seller have rational reason to believe that buyer would accept performance.In the situation of slipping over the deadline of performance or revoking the acceptance,seller need some extra time to put implement of curing into practice after informing buyer of intention of curing.perhaps,buyer will fall into a plight that it is difficult to decide the time allowed for seller to cure,precisely.if it is too long,buyer must undertake the inconvenience himself,otherwise,he maybe responsible to breaching the right to cure.To avoid the predicament,buyer should be entitle to claim ample security in curing in reference to the idea of UCC2-609. At last,it is necessary to add the clause relevant to liability.when buyer reject the right to cure mistakenly,the responsibility rollback to buyer.in consequence,buyer has to compensate seller for the loss of expected interest.