Question
Queen Mary Enterprises Limited decided to sponsor a retailing promotion by giving away a Christmas tree with every purchase over $100 from their store. On
Queen Mary Enterprises Limited decided to sponsor a retailing promotion by giving away a Christmas tree with every purchase over $100 from their store. On
September 1st they contracted with Lady Jane to purchase 500 Christmas trees from her that were being grown in her five acre wood lot outside Lady Smith, B.C. Delivery of the trees was to take place on December 8th and starting on October 31st Queen Mary did extensive advertising of their promotion, specifically mentioning that the trees were coming from Lady Smith, B.C. On November 28th Lady Jane decided that she was so attached to her trees that she could not bear to part with them and advised Queen Mary Enterprises Limited that she would not be delivering the 500 trees to them. Lady Jane refused to accept her position since they would not be able to find an alternative supplier at this late date, and insisted that Queen Mary perform their obligations under the contract Analyze this case and be sure to include in your analysis answers to the following:
a)If Lady Jane does not delivery on December 8th, what action and remedies are Queen Mary able to claim? Explain why?
If on December 7th a forest fire sweeps through Lady Jane's wood lot destroying all her tree, what remedy is Queen Mary entitled to seek on December 8th? Explain why?
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