COMMERCIAL LAW (UCC ARTICLE 2) MULTIPLE CHOICE QUESTION

Amanufacturerofwidgetsagreed inasignedwritingonJune1todeliver toaretailer on June 20 aspecified quantity ofwidgets ata certain price.The widgets wereproduced by twomenathisplant.OnJune8,oneofthemenwas injured in an accident and hospitalized.Asaresult, themanufacturer could not produce all of the widgets to fill retailers order.

OnJune9,themanufacturer telephoned theretailerandsaid,"because oneofmy men was injured yesterday,Iwon't beable todeliver your widgets onJune20^th.

Iamtrying tohireand trainsomeoneand hopetobeabletodeliver allwidgets by month'send butcannotguarantee it.Theretailer,whoknewoftheinjury andthat there wereonly two men responsible for making the widgets said,"no problem,Ishould beabletogetbywithoutthemforashorttime.However, beadvised Iwillhold you liableforanylosssustained asa result of your failure todeliver per the

termsofthecontract".WhentheretailerfailedtoreceivethewidgetsonJune

) 30th,hesentthefollowingfaxtomanufacturer:

"ImusthavethewidgetsnolaterthanJulyl."Thiswasreceived andread by the manufacturerthe same day.

Ifthemanufacturer delivers thewidgets no laterthan July 1, and theretailer acceptsthem,cantheretailersuccessfullymaintainabreachofcontractaction against manufacturer and recover damages for delay indelivery?

A.No,becausetemporary impractabilityexcusesthedutytodeliveronJune 20^th

B.No,becausetheretailer'sstatements andacceptance constituted awaiverof the condition of timely delivery.

C.Yes,becausetherewasnoconsideration tosupportwaiveroftimely delivery.

D.Yes,becausehisstatementstomanufacturer didnotconstituteapromiseto forgo any cause of action he had ormight acquire.