Why can the delivery date be essential in contracts for perishable goods?

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Charles Le Brun: Portrait of King Louis XIV — Commercial transaction *Portrait of King Louis XIV*, by Charles Le Brun, c. 1655.

In commercial transactions, the delivery date for perishable goods is considered essential because the nature of the items makes prompt arrival a vital stipulation for the contract to be fulfilled.1

When goods are perishable, their value and utility are inherently tied to their freshness and condition. If delivery is delayed, the goods may spoil or lose their commercial viability, rendering the contract effectively unfulfilled. Consequently, even if the parties did not explicitly agree that prompt delivery was a condition of the contract, such a requirement is often considered implicit due to the nature of the merchandise. In many legal systems, if the time element is deemed crucial, a failure to deliver by the agreed date allows the buyer to pursue the same remedies as they would for outright nondelivery.1