Question: Ames Construction Co. contracted to build a warehouse for White Corp. The construction specifications required Ames to use Ace lighting fixtures. Inadvertently, Ames installed Perfection
Ames Construction Co. contracted to build a warehouse for White Corp. The construction specifications required Ames to use Ace lighting fixtures. Inadvertently, Ames installed Perfection lighting fixtures which are of slightly lesser quality than Ace fixtures, but in all other respects meet White’s needs. Which of the following statements is correct?
a. White’s recovery will be limited to monetary damages because Ames’ breach of the construction contract was not material.
b. White will not be able to recover any damages from Ames because the breach was inadvertent.
c. Ames did not breach the construction contract because the Perfection fixtures were substantially as good as the Ace fixtures.
d. Ames must install Ace fixtures or White will not be obligated to accept the warehouse.
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