Question

. Bindy ( the purchaser) and John ( the seller) contract for the sale of 1,000 red shirts. Delivery is to take place on or before May 1 of the current year. John tenders 900 red shirts and 100 white shirts on April 15 of the current year. Must Bindy accept and pay for the 1,000 shirts? Why or why not?

2. Shannon, a automobile dealer, sold a 2013 Ford truck to Jim for $4,000. During the negotiations, Jim made it clear to Shannon that he needed a truck that would with stand being able to haul heavy loads of tomatoes on his farm. Shannon recommended the 2013 Ford truck

Answer 1

1) No she need not pay for it and can be rejected Since as per consideration point in the contract which ever are promised are not delivered so there is no contract formed between them 2) A warranty protects a customer from problems with the goods or services they pay for. Breach of warranty happens if a product or service fails to meet the standards in either the explicit or the implied way In this case Shannon recommended the 2013 Ford truck to Jim as per the Jim requirement specifications. However, the rear of the truck became detached and the tires flattened. The Jim will sue the Shannon under the Misrepresentation theory of warranty Misrepresentation is the advertising and promotion of a product and giving consumers false security about the safety of the product, drawing attention away from the hazards of its use. In Misrepresentation, the plaintiff can recover only if proves that he relied upon the representations made by seller. In above case, Jim can sue Shannon in any of the Fraudulent, Negligent or Innocent misrepresentation The remedies for Jim are rescission or claim damages. If Jim sues Shannon for Fraudulent and Negligent misrepresentation, Jim would be entitled for rescission and damages. In case of innocent misrepresentation, the court has discretion to award damages to Jim in lieu of rescission.