0538452803_269399 - contract? Explain. Sample Answer: No....

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BLTC-9e Sample Answer for End-of-Chapter Hypothetical Question with Sample Answer Chapter 20: Performance and Breach of Sales and Lease Contracts 20–2 Hypothetical Question with Sample Answer Cummings ordered two model X Super Fidelity speakers from Jamestown Wholesale Electronics, Inc. Jamestown shipped the speakers via United Parcel Service, C.O.D. (collect on delivery), although Cummings had not requested or agreed to a C.O.D. shipment of the goods. When the speakers were delivered, Cummings refused to accept them because he would not be able to inspect them before payment. Jamestown claimed that it had shipped conforming goods and that Cummings had breached their contract. Had Cummings breached the
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Unformatted text preview: contract? Explain. Sample Answer: No. Cummings had not breached the sales contract because the C.O.D. ship-ment had deprived him of his absolute right, in the absence of agreement, to in-spect the goods before accepting them. Had Cummings requested or agreed to the C.O.D. method of shipment, the result would have been different. Because he had not agreed to the C.O.D. shipment, he was fully within his rights to refuse to accept the goods because he could not inspect them prior to acceptance. In this case, it was the seller who had breached the contract by shipping the goods C.O.D. without Cummings’s consent....
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This note was uploaded on 11/21/2011 for the course MGMT 4324 taught by Professor Tim during the Spring '11 term at Andhra University.

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