?Buyer and Seller have a contract for the sale of goods. Buyer alleges that Seller breached by withholding deliver of the goods. Seller responds, "no breach, justification," my nonperformance (not delivering) was justified by your breach (not paying). Seller's response prevails.
A. ?Buyer maintains its breach of contract cause of action.
B. ?Buyer cannot maintain its breach of contract cause of action but must now move to a reliance cause of action.
C. ?Buyer cannot maintain its breach of contract cause of action but must now move to a restitution cause of action.
D. ?Buyer cannot maintain a cause of action.
Answer: C
You might also like to view...
In which of the following does the trier-of-fact apportion liability between negligent parties to adjust the recovery?
A. Contributory negligence B. Comparative negligence C. Assumption of risk D. Both contributory negligence and comparative negligence
Identify and/or define: Removal
What will be an ideal response?
Many businesses in California use the mark "BEACH" in their marks. Discuss whether you think the mark BEACH BUNGALOW is likely to be confused with BEACH RESORT if both marks are used for hotel services in southern California.?
What will be an ideal response?
If the contract for the sale of goods calls for multiple deliveries, the contract is an installment contract.
Answer the following statement true (T) or false (F)