Xavier and Yolanda are both merchants of goods. They agree to a contract where Y
ID: 438082 • Letter: X
Question
Xavier and Yolanda are both merchants of goods. They agree to a contract where Yolanda promises to ship conforming goods by March 19. The shipment from Yolanda to Xavier arrives early on March 15, but several units of the goods are damaged. What is the best legal description of the legal situation between the parties?Answer
Yolanda is in breach of contract since some of the goods delivered were damaged.
Yolanda is in breach of contract since as a merchant she made a warranty that all goods delivered would be perfect.
Yolanda will not be in breach of contract when notified by Xavier of the problem and then by Yolanda "curing" the shipment by notifying Xavier of her intent to do so and then shipping conforming goods by the 19th.
Yolanda will prevail in any legal dispute since she appears to have substantially performed the contract.
Explanation / Answer
Xavier and Yolanda are both merchants of goods. They agree to a contract where Yolanda promises to ship conforming goods by March 19. The shipment from Yolanda to Xavier arrives early on March 15, but several units of the goods are damaged. What is the best legal description of the legal situation between the parties?
Answer
Yolanda is in breach of contract since some of the goods delivered were damaged.
Yolanda is in breach of contract since as a merchant she made a warranty that all goods delivered would be perfect.
Yolanda will not be in breach of contract when notified by Xavier of the problem and then by Yolanda "curing" the shipment by notifying Xavier of her intent to do so and then shipping conforming goods by the 19th.
Yolanda will prevail in any legal dispute since she appears to have substantially performed the contract.
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