Store Owner needed sand for a foundation on a concrete extension to his parking lot. He contracted with Truck Driver to purchase 17 tons of sand at $30/ton to be delivered to the store on Thursday at noon. Truck Driver found a supplier of sand that would save him $5/ton if he waited until that Thursday afternoon to pick up the sand. Truck Driver therefore did not deliver the sand to the store on Thursday at noon as promised. He emailed Store Owner and said he was delayed in delivering the sand because of mechanical difficulties with his truck but that he would be there on site later that Thursday afternoon. When Truck Driver did not show up on Thursday at noon, Store Owner found an alternative source of sand at $35/ton for immediate delivery. Truck Driver eventually appeared at the store on Thursday at 3 p.m. with 17 tons of sand. The alternative source had already delivered the sand to Store Owner. Because of this, Store Owner refused to accept delivery of the sand from Truck Driver or pay for it. There was no “time is of the essence” provision in any agreement between Store Owner and Truck Driver. Is Store Owner liable for breach of contract for not accepting the 3 p.m. delivery of sand from Truck Driver? Truck Driver argues that any delay was trivial and non-material and that he had substantially performed his duties under the contract with Store Owner and that he should be paid for his losses resulting from Store Owner’s rejection of the sand.

Please use the IRAC Method to state (in question format) the legal issue in this problem; then state the controlling rules, laws or principles that are necessary to answer that issue; then apply the controlling rules to the facts at hand to arrive at your conclusion.

Please label your answers as follows:

THE ISSUE(S) IN THIS PROBLEM:

THE CONTROLLING RULES:

APPLICATION OF RULES TO FACTS:

CONCLUSION:

Answer rating: 100% (QA)

THE ISSUES IN THIS PROBLEM Is Store Owner liable for breach of contract for not accepting the 3 pm d... View the full answer