Week 6 - Performance & Breach: Chapter 8 & Lecture Notes

In the midst of the COVID-19 pandemic, Kai and his best friend Zach, both of Kirkland, Washington, decided to go 50-50 on the purchase of a motorhome (i.e., a recreational vehicle or RV) to travel the countryside without having to use airports. They specifically wanted a motorhome with two air conditioning units located on the roof. When the motorhome arrived, however, there was only one rooftop air conditioner. The seller, Global RV Sales, located in Tacoma, Washington, offered to fix the motorhome by installing a second air conditioner unit; however, doing so would require cutting a giant hole in the roof. Kai and Zach rejected Global RV Sales's offer to "fix" the problem. Initially, Kai and Zach made a $5,000 deposit on the motorhome, with the $45,000 remainder to be "paid upon delivery." Should Global RV Sales's offer to cure the defect be considered a "conforming delivery" (or a "substitute") that Kai and Zach must accept? Explain your answer. Explain your answer and discuss all issues as they relate to your notes on performance. Focus on performance and breach under the UCC Art. 2.