Acme Inc. (Acme) orders 100 books for $20 each from Dusty Bookshelf, Inc. (DB) using a form purchase order (PO). Acme's PO includes the following term: "Seller must deliver the merchandise to Acme Inc. no later than December 1 because we are selling these books as a holiday special. Time is of the essence!" DB sends a Confirmation to Acme, confirming receipt of Acme's order of 100 books for $20 each. The Confirmation includes "Terms of Sale," including "Seller shall make all reasonable efforts to ensure prompt delivery, and guarantees delivery no later than December 31." The books are delivered on December 23, and Acme is unable to sell most of them because it missed 23 days of pre- holiday sales. Acme brings a lawsuit against DB for breach of contract. Which of the following is the court likely to determine regarding this agreement? Multiple Choice Under the common law, DB substantially performed the contract by delivering the books within the time promised in the Confirmation. Under the common law, DB materially breached the contract because the time for performance was unclear. Under the UCC, DB would not be liable because the UCC is more likely to find that a contract was formed, and the contract was not unconscionable. Under the UCC, DB would be liable for damages because its time of delivery was unreasonable.