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MMLU / On September 15, a card shop sent the following fax to a printing company:…

Problem

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question

On September 15, a card shop sent the following fax to a printing company: "Please deliver 100 dozen assorted Christmas cards, delivery by November 1. "On October 10, the printing company shipped 100 dozen assorted Thanksgiving cards to the card shop, which were received on October 12. The following day, the card shop sent the following fax to the printing company: "Be advised that your shipment is rejected. Order stipulated Christmas cards, not Thanksgiving cards. "On October 15, the printing company sent the following fax to the card shop: "Will ship 100 dozen assorted Christmas cards by November 1. Please ship the Thanksgiving cards back to our warehouse and bill us for the shipping charges. " This fax was received by the card shop, but the card shop did not respond to it or ship the Thanksgiving cards back to the printing company. On October 25, the printing company attempted to deliver 100 dozen assorted Christmas cards to the card shop, but the latter refused to accept. Did the card shop properly reject the October 25 delivery?

choices

  1. No, because under the UCC a contract for the sale of goods can be modified without consideration.
  2. No, because the printing company cured the October 10 defective shipment by its tender of conforming goods on October 25.
  3. Yes, because the printing company's shipping of the Thanksgiving cards on October 10 constituted an anticipatory breach.
  4. Yes, because the printing company's shipping of the Thanksgiving cards on October 10 constituted a present breach of contract.

subject

professional_law

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