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MMLU-Pro / 1370 / A national distributor of windows selected a retailer to sell its windows in a…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A national distributor of windows selected a retailer to sell its windows in a specified geographic area. The parties negotiated a written distribution agreement, which stated that any order for windows placed by the retailer would be binding on the distributor "only when expressly accepted by the distributor." For the next two years, the retailer forwarded orders to the distributor, and the distributor always filled the orders. In the third year, the distributor accused the retailer of overcharging customers to install the distributor's windows. The retailer responded that the distributor had no control over the retailer's installation prices. When the distributor received the retailer's next order for windows, it refused to fill the order. If the retailer sues the distributor for breach of contract, will it be likely to prevail?

category

law

options

  1. Yes, because the parties' course of dealing binds the distributor to fill the retailer's order.
  2. No, because the agreement gave the distributor the right to expressly accept or reject orders.
  3. Yes, because the distributor has always filled the orders in the past, creating an expectation of continued performance.
  4. No, because the retailer's practice of overcharging customers excused the distributor's refusal to fill the order.
  5. Yes, because the distributor cannot arbitrarily decide not to fill the retailer's orders.
  6. Yes, because the distributor's claim regarding overcharging customers is independent of its obligation to fill the retailer's order.
  7. No, because the retailer's forwarding of orders to the distributor did not give rise to an obligation on the distributor's part to fill the orders.
  8. No, because the distributor has the right to refuse orders at any time according to the agreement.
  9. No, because the distributor has the right to reject orders based on the retailer's pricing practices.
  10. Yes, because the distributor did not expressly reject the retailer's orders.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1370
task_id
84803310-3043-58dd-a1d6-29ac753af768
task_key
default--test--1370
task_revision_id
1
config / split
default / test

Official source

initial import