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Marks, a Retailer, Wrote and Ordered 10 Dozen Red, White

Question 33

Multiple Choice

Marks, a retailer, wrote and ordered 10 dozen red, white, and blue T-shirts for a July 4th celebration from the Whitney Wholesale Company. Since the Whitney Company did not have the colors requested, it sent blue and white shirts, thinking that Marks could use them. The Whitney Company did not, however, notify Marks that the substitution had been made. Shipping the wrong goods


A) constitutes an acceptance of Marks' offer.
B) constitutes a breach of contract.
C) has no effect on the formation of a contract.
D) constitutes an acceptance of Marks' offer and constitutes a breach of contract.

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