Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Determined to carry on the hilarious tradition of placing a number of pink plastic flamingos in another person's yard as a practical joke, and with

Determined to carry on the hilarious tradition of placing a number of pink plastic flamingos in another person's yard as a practical joke, and with several co-workers in mind, Alecia Beth Moore also knowns asthe singer "Pink" orders 100 pink plastic flamingos (for a total contract price of $500) from Tropical Novelties of Tampa, Inc.The contract specifies delivery of the flamingos to Alecia's home in Poughkeepsie, New York on or before September 1.

On August 31, Amalgamated Package Service (A. P. S.) delivers five large boxes to Alecia's home.With much anticipation, Alecia tears open the boxes, only to find 50 pink plastic flamingos, 50 short of the specified contract quantity.

Disappointed that Tropical Novelties did not satisfy its "part of the bargain," and realizing that $500 is a large amount to pay for a practical joke, Alecia decides to terminate the contract.She calls Tropical Novelties, speaks with a sales representative, notifies the seller that she is canceling the contract due to its non-performance, and informs the seller that she will be returning the 50 flamingos by package delivery service the following day.Tropical Novelties demands that she keep the 50 flamingos, notifies her that they will ship the remaining 50 the following day, and assures her that she will be held responsible for paying the $500 contract price.

Who wins?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Elliott And Quinns Tort Law

Authors: Frances Quinn

12th Edition

1292251441, 978-1292251448

More Books

Students also viewed these Law questions

Question

Distinguish between short-term and long-term goals.

Answered: 1 week ago

Question

3. Tactical/strategic information.

Answered: 1 week ago

Question

3. To retrieve information from memory.

Answered: 1 week ago

Question

2. Value-oriented information and

Answered: 1 week ago