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t ReferencesMailings Review View AaBbCc Norma Windows Mfg, receives an order fro

ID: 3197975 • Letter: T

Question

t ReferencesMailings Review View AaBbCc Norma Windows Mfg, receives an order from United Contractors, Inc, for windows to be sent from Buffalo, NY to Raleigh, NC by UPS using the delivery terms F.O.B. Buffalo, NY. The tender of performance occurs: a. when the good are identified. b. when the goods are shipped. c when the goods are delivered. d. when the goods are taken by the buyer James Appliances agrees to sell Jason one stainless-steel oven for $700. It is to be delivered to Jason's home on July 7. Under the perfect tender rule, which one of the following cases would permit Jason to rightfully reject the goods? a. James Appliances delivered a black oven on July 7, and Jason calls James to complain. b, James Applances sent a stainless-stel oven with a small dent in it on July 7. Jason refuses delivery but never bothers to call James c. James Appliances sent his truck to Jason's home with the stainless-steel oven on July 7, but Jeson was not home. d. James Appliances sent a stainless-steel oven with a missing oven rack on July 5 and notifies Jason of the defect. M & Z Co. offers a "subscription" for two bottles of wine to be delivered every month for one year. Payment must be made within two weeks of delivery. Bob placed a subscription and began receiving shipments of wine each month. On the fourth month, one of the bottles of wine that Errived was bad. Bob: a. can treat the whole contract as breached and refuse to pay for past installments as well as future installments. b. can reject the installment and cancel the contract immediately. c. can reject the installment and refuse to pay for it if M& Z cannot cure it. d. cannot reject the installment since it is part of a series. Tablets Plus, Ltd. enters into a contract with Electronics Mfg, Inc. to manufacturer one million tablets to be delivered by September 30th., in time for the holiday season. Electronics Mtg. notifies Tablets Plus that it will not perform the contract on August 1st. In this situation, the notice is: a. a request for adequate assurance of performance. b. not a breach until the contract deadline passes. c an anticipatory repudiation d. a right of cooperation.

Explanation / Answer

Answering first 4 questions as per Chegg rule:

1. C) By delivering the product seller's performance is complete. Now it is buyer's role to accept it or reject it stating valid reasons as per contract.

2. A) Jason receives a wrong product without being informed. Also the product is delivered on last date which won't be able to be rectified by the deadline given as per their original contract.

3. C) He can reject that particular installment and even cancel the contract if his complain is not resolved. However he will have to pay the previous installments.

4. C) Anticipatory Repudiation refers to informing the other party about the inability to complete the contract beforehand that is before the deadline.