Asked by Hunter McGaughey on May 07, 2024
Verified
Can Zelda reject the shipment because of the size?
A) Yes, because of the perfect tender rule and no exception applies.
B) No, because failure to meet the proper size standard would never constitute a substantial impairment.
C) Yes, because failure to meet the proper size standard may constitute a substantial impairment, especially in light of the contract provision about berry size.
D) No, because she cancel a contract for trivial defects.
E) No, a buyer has no right to reject a shipment based on subjective factors, such as inappropriate size.
Perfect Tender Rule
A principle in sales law that allows a buyer to reject goods if they do not conform exactly to the terms of the contract, regardless of the significance of the nonconformity.
Substantial Impairment
A significant reduction or weakening in capacity, value, or function.
Berry Size
A classification or measurement used in agriculture to denote the physical dimensions of berries.
- Identify the differences between considerable malfunctions and negligible irregularities in goods.
Verified Answer
AM
Amber MorrisMay 11, 2024
Final Answer :
C
Explanation :
The size of the berries is a specific requirement outlined in the contract, making it a significant detail rather than a trivial one. Failure to meet this requirement can substantially impair the value of the goods to the buyer, especially when the size of the berries directly affects the quality of the final product. Therefore, Zelda can reject the shipment based on the failure to meet the contractually agreed-upon size standard.
Learning Objectives
- Identify the differences between considerable malfunctions and negligible irregularities in goods.