Lucy sells bulk foods to restaurants. Jean- Paul visited her warehouse and indicated that he wanted to buy a barrel of peanuts for use at his diner, the Healthy Nut. Lucy went into a back room and returned with a small bag of unsalted peanuts. Jean- Paul agreed to buy a barrel of the same. Lucy went to a back room again and returned with a sealed barrel of peanuts. She asked Jean- Paul if he wanted to inspect the goods, but he said, "No, I'm in too much of a hurry. Just have them delivered to my restaurant this afternoon." The barrel was delivered, but when Jean- Paul opened it, he discovered that the peanuts were salted. He therefore insists that he is entitled to reject them. Which of the following statements is TRUE?
A) Jean- Paul is entitled to reject the barrel because the goods do not correspond to the sample.
B) Jean- Paul can reject the barrel unless he is capable of mitigating his loss by re- selling the goods to a third party.
C) Jean- Paul cannot reject the barrel because property passed to him when the contract was created.
D) Jean- Paul is entitled to reject the barrel because the goods are unmerchantable.
E) Jean- Paul cannot reject the barrel because he failed to use a reasonable opportunity to inspect the goods.
Correct Answer:
Verified
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