[Brea's Berries] Brea, a berry farmer, regularly supplies berries under an installment contract to Zelda's, a manufacturer of frozen desserts. Zelda's prefers its berries to be large, to provide the best quality for its products, and mandated that the contract contain a provision that each berry needed to be at least one inch in length. Zelda's rejected the latest shipment of berries, claiming that the majority of the berries did not meet the requisite length. Brea argues that Zelda cannot reject the entire shipment because it is only a trivial detail. Zelda responds that the size constitutes a substantial impairment in the goods and will make her products less desirable. She tells Brea she's cancelling the contract because she has to quickly find another supplier in order to complete a large order.
-Assuming the berries are nonconforming, can Zelda simply cancel the contract?
A) No, a buyer has no right to cancel a contract without giving the seller a chance to cure.
B) No, although a buyer has a right to cancel a contract, Zelda must provide the seller a chance to cure.
C) Yes, when goods are nonconforming, a buyer may reject goods and cancel the contract if a condition such as time being of the essence is present.
D) No, even though the goods are nonconforming, Zelda may not cancel the contract.
E) Yes, a buyer has the right to cancel the contract.
Correct Answer:
Verified
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