Susan Luckman decided to buy a used car from Brice Car Dealers. Susan made it clear that she wanted a Toyota Corolla white which was her favourite colour and that the model year should not be later than 2012. Two weeks later, Susan went to pick up her new car and discovered that the car dealer had sourced a 2010 Corolla which was green in colour. Susan refused to accept delivery of the vehicle and pay the remainder of the agreed purchase price. If Brice takes legal action against Susan to enforce the contract, what will be the likely result:
A) Brice breached a warranty of the contract and as such Susan has the right to terminate the contract and obtain a refund of the monies already paid.
B) Susan will be obliged to accept the vehicle and pay the remainder of the price as the contract was substantively performed by Brice.
C) Brice breached a condition of the contract and as such Susan will be entitled to terminate it and obtain a refund of the monies paid.
D) Brice has fundamentally breached the contract and Susan can seek punitive damages
E) If Susan refuses to accept the car and pay the remainder of the price, she will be in breach of the contract and Brice can forfeit her deposit.
Correct Answer:
Verified
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