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Amex Construction Co. contracted to build a warehouse for White Corp. The construction specifications required Amex to use Ace lighting fixtures. Inadvertently, Amex installed Perfection
Amex Construction Co. contracted to build a warehouse for White Corp. The construction specifications required Amex to use Ace lighting fixtures. Inadvertently, Amex installed Perfection lighting fixtures, which are of slightly lesser quality than Ace fixtures but, in all other respects, meet White's needs. Which of the following statements is true? Amex did not breach the construction contract because the Perfection fixtures were substantially as good as the Ace fixtures. White will not be able to recover any damages from Amex because the breach was inadvertent. White's recovery will be limited to monetary damages because Amex's breach of the construction contract was not material. Amex must install Ace fixtures or White will not be obligated to accept the warehouse
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