[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, does Zelda have any options other than simply canceling the contract?
A) Yes, Zelda may reject the nonconforming berries subject to cure, or accept the nonconforming berries and adjust the contract accordingly.
B) Yes, but Zelda's only other option is to reject the nonconforming berries subject to cure.
C) Yes, but Zelda's only other option is to accept the nonconforming berries and adjust the contract accordingly.
D) Yes, but the course of dealing makes other options void.
E) No.
Correct Answer:
Verified
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