Bespoke Designs Inc., a custom suit maker, has a contract to purchase its suiting fabric from ABC Textiles. The dye used in the most recent order of fabric from ABC appears to be slightly different from the sample agreed upon in the contract and from orders in the past and will not work with Bespoke$$s product line. The manufacturer insists that the material is the same as previous orders. What should Bespoke consider at this point?

a

whether it makes business sense to sue ABC

b

that failure to immediately sue ABC will result in giving up its right to sue

c

the impact of the litigation on the industry

d

whether it can prove that the breach was due to negligence on the part of ABC