[Smeared cupcakes] Kai orders forty decorated cupcakes from Liu's bakery next door to be sold in his restaurant. During delivery, Lui trips and the box tips over. When Kai opens the box to inspect the cupcakes, the frosted decorations on the cupcakes are smeared.
-Arturo, an exotic animal dealer contracts with Benita, an importer of exotic animals, to purchase several rare lizards. After the contract is executed, the U.S. government issues a ban on the importation of lizards. When Benita fails to deliver the lizards as per the contract, Arturo tells her she is in breach of their contract. What is Benita's best defense?
A) Commercial impracticability
B) Commercial illegality
C) Perfect tender rule
D) She has the right to cure by providing lizards that are not imported.
E) She cannot provide conforming goods under the contract.
Correct Answer:
Verified
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