Asked by Linda MyPhuong on Apr 27, 2024
Verified
Assuming the berries are nonconforming, can Zelda simply cancel the contract?
A) No, a buyer has no right to cancel a contract without giving the seller a chance to cure.
B) No, although a buyer has a right to cancel a contract, Zelda must provide the seller a chance to cure.
C) Yes, when goods are nonconforming, a buyer may reject goods and cancel the contract if a condition such as time being of the essence is present.
D) No, even though the goods are nonconforming, Zelda may not cancel the contract.
E) Yes, a buyer has the right to cancel the contract.
Substantial Impairment
A significant reduction or weakening in strength, value, or quality of an asset or entity's ability to perform its intended function.
Nonconforming
Refers to goods that fail to meet the specifications or requirements set forth in a contract.
- Discern between major damages and inconsequential discrepancies in merchandise.
- Acknowledge the detailed differences in contract law relating to the acceptance, refusal, and correction of goods that fail to meet specified standards.
Verified Answer
JN
Jeanie NowakApr 29, 2024
Final Answer :
C
Explanation :
Zelda can cancel the contract because the nonconformity of the berries (not meeting the specified size) substantially impairs the value of the goods to her, and the urgency of needing to complete a large order could make time of the essence, allowing for cancellation without offering a chance to cure.
Learning Objectives
- Discern between major damages and inconsequential discrepancies in merchandise.
- Acknowledge the detailed differences in contract law relating to the acceptance, refusal, and correction of goods that fail to meet specified standards.
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