Acme, a German seller of motors, contracted with Zenith, a Virginia manufacturer of lawnmowers. The written agreement
Question:
Acme, a German seller of motors, contracted with Zenith, a Virginia manufacturer of lawnmowers. The written agreement between Acme and Zenith, concluded on May 1, called for delivery by Acme of 1,000 motors on July 1 in exchange for $50,000 payable by Zenith upon receipt of the motors. The agreement also contained a choice of law clause stating that it was governed by "the Law of Virginia." On May 15, Acme notified Zenith that it had recently lowered its production costs and would pass the savings on to Zenith, thereby reducing the purchase price for the 1000 motors to $45,000. Zenith promptly and gratefully agreed. However, upon delivery, Acme demanded the full $50,000. Is Zenith liable for the full original $50,000 price?
(A)no, because Article 2 does not require new consideration to support a consensual modification;
(B)no, because the CISG does not require new consideration to support a consensual modification;
(C)no, because Acme had already fully performed;
(D)yes, because Zenith provided no new consideration for the price reduction by Acme.
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