O question 3greenspun.com : LUSENET : Lessig's Contracts : One Thread |
(3) A, a maker of widgets, enters a written contract to ship 1000 widgets to B. The contract provided that the widgets would be shipped COD. A delivers 990, and B pays for them. If B brings suit for breach of contract, B will most likely: (A) not recover, because A substantially performed; (B) not recover, because B accepted delivery of the 990; (C) recover, because A failed to perform his contractual obligation; (D) recover, only if Ms failure to deliver the additional widgets resulted in a material or total breach.
-- Anonymous, December 15, 1998