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Jeanette contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vines Winery for $1,200. The contract states that delivery is to

  1. Jeanette contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vines Winery for $1,200. The contract states that delivery is to be made at Jeanette's residence "on or before May 1, to be used for daughter's wedding reception on May 2." On May 1, Grapes & Vines's delivery van is involved in an accident, and no wine is delivered that day. On the morning of May 2, Jeanette buys the wine from Happy Hill Winery. That afternoon, just before the reception, Grapes & Vines tenders delivery of the wine at Jeanette's residence. Jeanette refuses tender. Grapes & Vines sues Jeanette for breach of contract. How is the court most likely to rule?

  1. Investment Properties, Inc., hires Jerry Construction Company to renovate the interior of Investment's office building. Jerry submits plans that Investment approves. Jerry completes the major reconstruction, paints the interior, and buys the fixtures and furnishings. Investment rejects some of the furnishings because they do not match the plans, and subsequently refuses to allow Jerry to finish the work or to collect payment. Could Jerry sue successfully for payment for the entire contract?

  1. National Drilling Company ships its only pump to American Hydraulics Corporation, the manufacturer, for repair. National hires Overland Transport, Inc., to take the pump to American Hydraulics and to return it to National as soon as the repair is complete. National is forced to suspend operations without a pump, but Overland does not know this. National expects to be without the pump for five days and to lose profits of $5,000. When the pump is not returned by the end of the fifth day, National rents a pump at a cost of $100 per day. Overland delays five more days before returning the pump. National files a suit against Overland, asking for compensatory, consequential, and punitive damages. Will National recover?

  1. Kristen buys a used Prius from Mike's Motors, Inc., paying $1,000 down and agreeing to pay off the balance in thirty-six monthly payments of $200 each. The terms of the agreement call for Kristen to make a payment on or before the first of each month, beginning March 1. During the first six months, Mike's Motors receives a $200 payment before the first of each month. Starting in September, however, and continuing for the subsequent five months, Kristen's payment is never made until the fifth of the month. Mike's accepts and cashes the payment check each time. Before the next payment is due, Mike's decides that it is no longer willing to accept late payments. Can Mike's sue Kristen immediately for breach? Can Kristen continue to make late payments without liability? Explain.

  1. Natalia Delivery Service contracts to deliver Melody's Pizza Parlor's products to its customers for $5,000, payable in advance. Melody's pays the money, but Natalia fails to perform. Can Melody's rescind the contract? Can Melody's also obtain restitution? What does it mean to "rescind" a contract? How is a contract rescinded? What is restitution? How is restitution accomplished? Explain.

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