Kerasic Lumber Inc agreed to sell planks to Chios Home Supply Ltd. The parties' contract contained the

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Kerasic Lumber Inc agreed to sell planks to Chios Home Supply Ltd. The parties' contract contained the following paragraph:

Kerasic Lumber will deliver 1000 redwood planks to Chios Home Supply on June 1. Chios Home Supply will pay $7 per plank for a total contract price of $7000. Each plank shall be 3 centimetres thick, between 30 and 35 centimetres wide, and between 3 metres and 3.1 metres in length.

On June 1, Kerasic Lumber delivered 1020 planks to Chios Home Supply. Each plank fell within the terms of the contract with respect to width and length, but about half of the planks were between 3.2 and 3.3 centimetres thick. Chios Home Supply rejected the goods and refused to pay the purchase price. Its motivation for doing so turned on the fact that it had discovered that it could buy the goods from another supplier at a lower price. Kerasic has sued under the contract. As part of its claim, it is able to prove that the planks were free from defects and were entirely fit for Chios's purposes. Will Kerasic win? Provide two reasons for your answer.

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Related Book For  answer-question

Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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