Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

Exercise 13

Frederick Manufacturing Corporation ordered 500 dozen units of Import Traders' rubber pads for $2,580. The order indicated that the pads should be ''as soft as possible.'' Import Traders delivered the rubber pads to Frederick Manufacturing on November 19. Frederick failed to inspect the goods upon delivery, even though the parties recognized that there might be a problem with the softness. Frederick finally complained about the nonconformity of the pads in April of the following year, when Import Traders requested the contract price for the goods. Can Import Traders recover the contract price from Frederick?