Question
In anticipation of the upcoming holiday season, Reliable Retail Ltd. decided to sponsor a retail promotion by giving away a Christmas tree with every purchase
In anticipation of the upcoming holiday season, Reliable Retail Ltd. decided to sponsor a retail promotion by giving away a Christmas tree with every purchase made from their store in excess of $100.To prepare for this, on August 15th, Reliable Retail Ltd. contracted with Farah Forest to purchase 1000 trees from her tree farm near Mansfield, Ontario.Delivery of the trees was to take place on December 10th.On November 1st, Reliable Retail Ltd. initiated an extensive advertising campaign regarding their promotion, specifically mentioning that the trees were coming from a "superb Mansfield tree farm".On December 2nd, Farah Forest notified Reliable Retail Ltd. that she would not be delivering any of the 1,000 trees contracted for (having decided to let them grow for one more year before cutting them down).Reliable Retail Ltd. refused to accept Farah Forest's position and continued to insist that she perform according to the contract.
(a)If Farah Forest does not deliver the trees by December 10th, what remedies will be available to Reliable Retail Ltd.?Explain your answer.
(a)If, on December 9th, a forest fire sweeps through Farah Forest's tree farm and destroys all of her trees, what remedy will Reliable Retail Ltd. be entitled to on December 10th?Why is this so?
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