A buyer ordered custom made equipment. The delivery date was not set, but the seller promised to do the job in a reasonable time. When the equipment was not ready when the buyer hoped, the buyer cancelled the order. The seller demanded payment. You would expect the court to hold that:
A) failure to deliver by the delivery date expected by the buyer was a breach of contract, so nothing was owed by the buyer
B) because UCC 2-207(b) states that special terms are to be specified in the contract, as was the case with this order, the seller was in breach for not fixing a delivery date
C) no delivery date was fixed, but the seller worked on the equipment and so will be paid for the work done up to time of cancellation
D) no delivery date was specified by the buyer, so he had no right to cancel the order and is liable for all costs plus lost profits
E) the breach was done with malice, so punitive damages could be added to the compensatory damages
Correct Answer:
Verified
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