McGraw Hill

Hmm... looks like you have a couple of terms missing from your agreement:

- Place of delivery - Time for performance -Delivery in a single or several lots - Fixed price - Warranty of merchantability

Hmm... let me think...

- The goods will be delivered in a single lot - Shipment and/or delivery within a reasonable time - The place of delivery will be Red Bison's warehouse

Lorenzo can revoke his acceptance of the nonconforming pizza cutters because:

- he relied on the seller's assurance that the pizza cutters were of 'premium" quality - the value of the pizza cutters is substantially impaired by the loose blades - he discovered and notified Walton within a few days of acceptance

Under the perfect tender rule, you had the right to:

- reject all the goods - accept all the goods - accept a portion of the goods but reject the rest

Do you think that would count as substantial performance?

Absolutely. You acted in good faith and , at most, this was a small deviation.

What types of damages are we entitled to?

Compensatory damages

Are you saying she couldn't sue us for breach of contract?

I don't think Ms. Aspen has a strong claim

Is Walton's performance excused based on commercial impracticability?

I don't think so!

Do you think Mr. Evergreen could sue us for breach of contract?

It's a close call because some of the contract terms are vague.

Did the storm cancel our contract?

Mrs. Maples is partially right. Providing pool cleaning service became impossible after the hurricane because the subject matter of the contract was destroyed.

Can Lorenzo do that?

No

Do I have to pay for the defective pizza cutters?

No

Do you think Walton had the right to charge much higher prices?

No

I don't want to. I'm so exhausted.

No

Is Paige obligated to pay for the increased output?

No

It's March 20, does Walton have the right to send me new pizza cutters that actually work?

No

Was it reasonable for Walton to deliver at 9 am and leave the linens outside?

No - based on the parities' course of performance

I think that:

Paige has to pay for the whole shipment because she bore the risk of loss

So we wouldn't owe Ms. Aspen any money? Even if we only substantially performed?

Penny Pools could owe Ms. Aspen damages for any costs she suffered because of your imperfect performance.

"F.O.B. Santa Fe, NM" meant that:

Red Bison was only responsible for delivering the goods to the carrier, not all the way to Paige's destination in Arizona

What do you call it when you replace the original agreement with a new agreement?

Substituted agreement or modification

I'm positive. I was there every Wednesday, like clockwork The pool was always spotless and working great. I didn't miss a thing

That sounds like "complete performance."

Did Walton breach our contract by failing to deliver the oven in time?

They didn't breach - commercial impracticability

Do we have any other defenses?

We could assert the substantial performance too

Did Dotty breach our agreement by selling me such poor quality leashes?

Yes - Dotty breached the implied warranty of merchantability

I feel like I should have been able to inspect the goods before I paid? Is that true?

You didn't have the right to inspect the goods before paying because your contract provides for cash on delivery.

What does "good faith effort" mean?

You have to be honest and make a sincere effort to perform perfectly

Sure. Substantial performance means that:

You made a good faith effort to perform, any shortcoming was unintentional

Do you think we have a timing problem with suing months later?

You should be OK

Now we have to assess whether or not there was actually:

a breach of the contract

We calculate damages based on a couple of things. These include:

actual damages, consequential damages, incidental damages

And, we subtract from that amount

avoidable damages

If you argue that a "reasonable price" should be close to what you paid for this equipment in the past, then you're relying on:

course of dealing

If you do, you'll be sued for:

equitable relief

And, the plaintiff would also have to

mitigate his damages. He can't just sit back and sue you

If the value of the goods is substantially impaired, you should:

notify Walton of the problem then they have the right to send conforming goods in the next delivery, which you must accept

Yeah, in order to have a valid contract you must have:

offer, acceptance, and consideration

That looks like a(n)

output contract

These would be equitable damages specifically for:

specific performance

Looking at these emails, I'd say that you

still had an enforceable contract

Okay, actual damages are:

the difference between what you were promised and what you got

Consequential damages are

the foreseeable costs of the breach

And finally, incidental damages are

the minor costs associated with fixing the situation - like legal fees

By contrast an injunction is

typically an equitable remedy that a court uses to STOP someone from doing certain things

Under the UCC, it will be a reasonable price set:

when the goods are delivery