Therefore even though the airplane rotors were similar Albert had the right to

Therefore even though the airplane rotors were

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terms of the contract. Therefore, even though the airplane rotors weresimilar, Albert had the right to reject the goods, and sue for breach ofcontract.In order to have sent an accommodation shipment, Cindywould have to had included a note of accommodation, which she didnot include with the shipment. Therefore, Cindy’s shipment of goodswas non-conforming, and Albert will prevail in a breach of contractclaim.
© 2012 GOULD’S, ALL RIGHTS RESERVED.23. Computer Store sent a valid firm offer to Computer Vendor on September 1 that said Computer Store would offer premium computer screens at $250 (normally selling for $350), and superior computer screens at $300 (normally selling for $400). Computer Vendor got a rush of back to school orders that it could not fill, and sent a rush order via a faxed communication for prompt shipment on September 8 for ten premium computer screens at $250 each (then normally selling at $350 each), and ten superior computer screens for $300 each (then normally selling at $400 each), payment included. Computer Store immediately shipped to Computer Vendor ten premium computer screens, and ten excellent computer screens instead of ten superior computer screens, because Computer Store was out of stock of the superior computer screens. The excellent computer screens were of similar quality to the superior computer screens. If Computer Vendor sues Computer Store for breach of contract, what is the likely result?A, Computer Vendor will prevail, because Computer Store breached the contract. B. Computer Vendor will prevail, because they ordered prompt shipment of goods.C. Computer Vendor will not prevail, because Computer Store substantially performed their obligations under the contract.D. Computer Vendor will not prevail, because Computer Store sent an accommodation shipment, which Computer Vendor was free to accept, but in no event was a contract formed when Computer Store shipped the order to Computer Vendor.
© 2012 GOULD’S, ALL RIGHTS RESERVED.23. CORRECT ANSWER: A.If Computer Store hadseasonally informed Computer Vendor thatComputer Store did not have the superior computers, and thus weresending the excellent computers as an accommodation to ComputerVender, then there would have been no contract formed, and ComputerVendor would have been free to accept the terms of the contract byaccepting the excellent computers instead of the superior computers.However,sinceComputerStoredidnotsendaletterofaccommodation, they thereby accepted the rush order of ComputerVendor, when they shipped goods without a note of accommodation.Inasmuch as Computer Store shipped non-conforming goods, theirshipment was non-conforming under the UCC’s Perfect Tender Rule.Therefore, Computer Vendor will prevail in a breach of contract claim.
© 2012 GOULD’S, ALL RIGHTS RESERVED.

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