Jason orders a hundred remote-controlled toy cars from Ryby Toys.In the contract, it is stipulated that RyBy Toys would transport the toy cars via FlyByNight, a national carrier service.RyBy Toys makes the arrangements and hands over the toys, minus the remote-controllers, to FlyByNight, to be delivered to Jason.
-Which of the following represents an instance of breach of contract?

Question

Quizplus · Accepted Answer

The contract stipulated that RyBy Toys would transport the toy cars via FlyByNight, including the remote-controllers. By shipping the toys without the remote-controllers, RyBy has breached the contract. Jason's acceptance or refusal of the delivery is not relevant to the breach of contract. The responsibility for the delivery falls on RyBy and FlyByNight, so option D could also be considered a breach of contract. However, as the question specifically asks for an instance of breach of contract by RyBy Toys, the correct answer is C.

Jason Orders a Hundred Remote-Controlled Toy Cars from Ryby Toys