Accepted Nonconforming Default Rule
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
14425_accommodating-shipment · CONTRACTS · Choice ABarnabas may accept the maple, in which case he must pay Timothy the full price, less any damages sustained because of the nonconforming shipment, or he may reject the maple and recover from Timothy for total breach of contract, subject to Timothy's right to cure.
Why it's attractive
choice invokes breach/cure mechanics but the accommodation exception eliminates the breach premise
Why it's wrong
choice invokes breach/cure mechanics but the accommodation exception eliminates the breach premise
14425_accommodating-shipment · CONTRACTS · Choice BBarnabas may accept the maple, in which case he must pay Timothy the full price, less any damages sustained because of the nonconforming shipment, or he must reject the maple and recover from Timothy for total breach of contract.
Why it's attractive
choice assumes Timothy breached by shipping nonconforming goods but ignores the accommodation notice
Why it's wrong
choice assumes Timothy breached by shipping nonconforming goods but ignores the accommodation notice
14425_accommodating-shipment · CONTRACTS · Choice DBarnabas may accept the maple, in which case he must pay Timothy the full price, less any damages sustained because of the nonconforming shipment, or he may reject the maple provided that he promptly covers by obtaining conforming oak from another supplier.
Why it's attractive
choice imposes a cover duty on rejection; cover presupposes breach, and also misstates buyer's obligations even in breach scenarios
Why it's wrong
choice imposes a cover duty on rejection; cover presupposes breach, and also misstates buyer's obligations even in breach scenarios
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