Asked by Iliana Napoles on Jul 26, 2024
Verified
Perry is building his house and orders a hot water heater from Jones Co. to be installed by them. The hot water heater they sent has a 45-gallon capacity, but Perry had ordered a 60-gallon capacity. Jones cannot provide a 60-gallon heater for two months, so Perry cancels the contract and gets a heater from another company. Jones Co. says it must be allowed to install the replacement heater. What result?
A) Jones wins; Perry can only cancel the portion of the contract regarding the goods.
B) Jones wins; Perry can only cancel if installation is also delayed two months.
C) Perry wins since the contract breach concerns the whole contract.
D) Perry can cancel the whole contract, but he is then limited in his recovery of damages.
Contract Breach
An act of breaking the terms set out in a contract, which can result in legal action for enforcement or damages.
Capacity
Refers to the legal ability of a party to enter into a contract.
Installation
is the process of setting up or assembling a piece of equipment or system in its place of operation.
- Examine the plethora of recovery mechanisms available to parties after experiencing a breach, such as goods reclamation, damages recovery, cover implementation, and replevin.
Verified Answer
AS
Anis Sofea RosliJul 27, 2024
Final Answer :
C
Explanation :
Perry wins since the contract breach concerns the whole contract.
Learning Objectives
- Examine the plethora of recovery mechanisms available to parties after experiencing a breach, such as goods reclamation, damages recovery, cover implementation, and replevin.