Fashion Futures Is an Upper End-Retail Clothing Store That Specializes

Fashion Futures is an upper end-retail clothing store that specializes in clothing for aging baby boomers who don't want to admit that they are aging. Fashion futures entered into a contract to purchase 100 pairs of designer pants each month for the 2001 calendar year. The pants were to be delivered by the 10th day of each month. For the January order, Fashion Futures ordered 50 pairs of black pants and 50 pairs of navy blue pants. When delivered, the order contained 60 pairs of black pants, 10 pairs of navy blue pants, and 30 pairs of olive green pants. The order was delivered late in the day on January 10. Fashion Futures is upset because the proper goods were not delivered. On January 12, Fashion Futures sent a letter to the supplier saying that it was keeping 20 pairs of the olive green pants and 20 pairs of the black pants, and rejecting all the others, including all the pants for the other 11 shipments. Discuss the legal issues likely to arise when the supplier objects to these actions. Assume that there are no contract provisions addressing any of the legal issues that might arise. What contract provisions might the parties have included in the contract that would have limited the effect of the perfect tender rule?