Estimable Builders, Inc., contracts with Beach Investment Company to build a Cool Juice 'n Fruit stand near Divers' Beach. The work is to begin on April 1 and be done by June 1, so that the stand can open for the summer. Estimable does not finish until June 14. The stand opens but Beach Investment loses two weeks' early summer sales due to the delay. Is Beach Investment's duty to pay for the construction of the stand discharged?
What will be an ideal response?
No. Estimable substantially performed its duties under the contract with Beach Investment. Assuming the performance and the delay was in good faith, Estimable could successfully sue Beach Investment for the value of the work performed if Beach Investment attempts to avoid paying under their contract. For the sake of fairness, Beach Investment will be held to the contractual duty to pay, but may be able to deduct reasonable damages for the missed contract deadline.
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The Uniform Commercial Code (UCC) uses the test of ________ to determine when a seller is excused from performing contractual obligations.
A. commercial impracticability B. concurrent causes C. wrongful rejection D. proximate causes
At what point does the salesperson reach the most productive number of sales calls?
What will be an ideal response?
Expenses are assets that no longer have a value to the company
Indicate whether the statement is true or false
To protect his poultry from meteorites, the gentleman farmer made hard hats for each bird and installed a meteor detection system that opened umbrellas throughout the yard if a meteor were detected
The safety of his flock thus assured, the farmer was surprised when he read his latest issue of Risk Management Magazine and discovered that this event was: A) High in consequence and high in probability. B) Low in consequence and low in probability. C) Low in probability and high in consequence. D) High in probability and low in consequence.