Mare

Chapter $13-$Discharge Worksheet

Pete the Plumber enters into a contract to remodel Lisa's kitchen for $$15,000.$ Pete does almost all of the work required under the contract, but fails to install some decorative decals on the tilework as provided in the contract. The decorative dectands payment of thply chain snafu and may not arrive for months. Pete has other jobs and demals are installed. We $$15,000,$ less $$250$ for the decals. Lisa refuses to pay anything until the decals are installed. What is the best basis for Pete's claim for payment:

a$.$ The "perfect tender" rule

b$.$ The "primary purpose" rule

c$.$ The "one year" rule

d$.$ Substantial completion

Bob tells Rob "I will paint your deck $$400$ on Friday, but only if it's a sunny day with no wind." Rob agrees. The statement about the weather on Friday is:

a$.$ A novation

b$.$ A waiver

c$.$ A representation

d$.$ A condition

Fran agrees to buy a refrigerator from Flemington Appliances Inc. for $$850.$ Fran and Flemington Appliances sign a contract on January $4,2022,$ providing that the refrigerator will be delivered to Fran's house on March $1.2022.$ Fran is driving around Flemington on January $29,2022($a Saturday$)$ and drives by Flemington Appliances. Fran sees there are no cars in the parking lot, the lights in the store are off and there is a big sign in the front showroom window that says: "Going out of Business...Everything must go by February $28."$ Fran is worried that he may not get his refrigerator. What legal action can Fran take?

a$.$ send a letter to Flemington Appliances asserting waiver

b$.$ send a letter to Flemington Appliances demanding adequate assurances of future performance on delivery of the refrigerator

c$.$ claim discharge based on failure of condition

d$.$ Fran can't do anything, since the refrigerator isn't due to be delivered until March $1,2022$

Celia orders $1000$ firecrackers from ABC Explosives Corp for $$500.$ The Firecrackers are supposed to be $"1$ inchers"$-$meaning they are one inch in length with a fuse of $\frac{1}{2}$inch. ABC Explosives agrees and ships $1000$ firecrackers. They are $1$inch in length but have a fuse of $\frac{3}{4}$inch. The firecrackers are otherwise fine, and should perform as expected. Celia really wanted the shorter fuse though. What can Celia do$?$