The UCC keeps the perfect tender rule of the common law of contract. The non -breaching party has a duty to mitigate compensatory damages. An appellate court will affirm a trial court unless the appellate court finds error by the trial court. A latent defect is a defect subjectively known by the defendant or a reasonable inspection by the plaintiff will not discover it. The agreement of contracting parties must be sufficiently definite for the court to enforce the agreement.
Quantity is a critical part of definiteness.
Similarly, a contract that calls for one party to purchase all that the other party produces also fails for lack of definiteness. The Fourteenth Amendment's Equal Protection of the Laws clause is interpreted as having three different scopes of discretion for the State's legislatures to classify persons into groups. Within these groups persons are to be treated equally. However, different groups may be treated differently. The Rational Basis Test is used for social and economic regulations.