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4 (10 points) Buyer agreed to buy a 1985 Harley-Davidson motorcycle from Dealer for $12,500, with the express condition that Buyer's mechanic must first inspect
4 (10 points) Buyer agreed to buy a 1985 Harley-Davidson motorcycle from Dealer for $12,500, with the express condition that Buyer's mechanic must first inspect the motorcycle to make sure it was in prime working order. Buyer's mechanic was out-of-state at the time, and was not due to return for some time. Buyer could have paid to have Buyer's mechanic return early, but it would cost a considerable amount of money to do so. Buyer really wanted the motorcycle, so Buyer contacted Dealer, and Buyer stated that Buyer would buy the motorcycle without the motorcycle first being inspected by Buyer's mechanic. Buyer later decided not to buy the motorcycle. Is Buyer in breach if Buyer does not buy the motorcycle from Dealer? a) No, because Buyer's mechanic was not due to return for an extended period of time. b) No, because Buyer would have been caused undue hardship if Buyer had to have Buyer's mechanic return from out of state early to satisfy the express condition precedent. c) Yes, because it would have been unconscionable for Buyer to agree to buy the motorcycle, and then renege on the agreement. d) Yes, because Buyer waived the express condition regarding inspection of the motorcycle
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