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Al Guardino Ran a Retail Greenhouse

Question 22

Multiple Choice

Al Guardino ran a retail greenhouse. In the fall, he visited Heidi Green's plant and tree farm to place an order for the following season. He spent a lot of time examining her stock. It looked healthy, so he placed a large order to be delivered in the spring. When it arrived, he was busy and only glanced at the items, which he thought looked fine. After a few weeks in the greenhouse, however, he noticed some disease damage, which must have occurred before the plants were shipped. What are Al's remedies?


A) He can obtain damages for breach of warranty.
B) He has no remedy. He was able to compare the goods delivered with the sample and chose not to.
C) The defect in the goods delivered was not apparent on a reasonable examination of the sample.
D) He can rescind the contract for breach of condition.
E) Both C and D.

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