Ultrawidgets agrees to purchase 1,000 Grade-B widgets from SupplyCo for $10 per part to be delivered by

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Ultrawidgets agrees to purchase 1,000 Grade-B widgets from SupplyCo for $10 per part to be delivered by December 1. On November 30, SupplyCo realizes it has only 800 Grade-B widgets. SupplyCo gives Ultrawidgets seasonable notice and ships 800 Grade-B and 200 Grade-A widgets as substitute goods. Grade-A widgets are worth 20 percent more than Grade-B widgets. Ultrawidgets rejects the Grade-A widgets on December 1 and sues. Who prevails?

a. SupplyCo because the cure period is extended past the date of performance.

b. Ultrawidgets because of the perfect tender rule.

c. SupplyCo because it substantially performed.

d. Ultrawidgets, because the time for performance has passed.

e. SupplyCo because Ultrawidgets acted in bad faith.

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Business Law And Strategy

ISBN: 9780077614683

1st Edition

Authors: Sean Melvin, David Orozco, F E Guerra Pujol

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