Marnie fails to deliver any of the fruit pies she had contracted to make for Benny's Bakery. If Benny really wanted the pies and felt that Marnie would be able to meet her commitments, he could choose to treat the breach of condition as if it were a breach of warranty.

Question

Quizplus · Accepted Answer

In contract law, the aggrieved party (Benny, in this case) has the discretion to treat a breach of condition (a fundamental breach that goes to the root of the contract) as a breach of warranty (a less serious breach), thereby allowing the contract to continue and seeking damages instead of terminating the contract. This provides flexibility in how breaches are addressed, depending on the circumstances and the desires of the non-breaching party.

Marnie Fails to Deliver Any of the Fruit Pies She