Elin contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vin

Question

Elin contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vines Winery for $1,200. The contract states that delivery is to be made at Elin’s residence "on or before May 1, to be used for daughter's wedding reception on May 2." On May 1, Grapes & Vines’s delivery van is involved in an accident, and no wine is delivered that day. On the morning of May 2, Elin buys the wine from Happy Hill Winery. That afternoon, just before the reception, Grapes & Vines tenders delivery of the wine at Elin’s residence. Elin refuses tender. Grapes & Vines sues Elin for breach of contract. How is the court most likely to rule?

Explanation / Answer

Court is likely to rule in the favor Elin. As contract clearly stipulates Delivery of wine to be made by "Grapes & Vines Winery" on or before May 1 which was not made. So "Grapes & Vines Winery" failed to keep his side of the contract.

In the exceptional circumstances, where "Grapes & Vines Winery" delivery van met with an accident, party has to contact Elin and get his consent for delivery on May 2. Given Elin had agreed to this new position, delivery would have been considered legally binding on May 2. But in present case Elin has got all right to reject the order.

Related Questions

Navigate

• Browse (All)
• Browse E
• Subjects

---

---

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.