Although the nonhappening of presupposed conditions may relieve the seller of her contractual duty, if the contingency affects only a part of the seller's capacity to perform, the seller must
A) hold all inventory until she has enough to fulfill all contracts.
B) fulfill earliest orders first.
C) sell what inventory she has so that she can refund all payments.
D) allocate delivery and production in a fair and reasonable manner among her customers.

Question

Quizplus · Accepted Answer

When a seller cannot fully perform due to the nonhappening of presupposed conditions affecting only part of their capacity, they are required to allocate delivery and production fairly and reasonably among all customers, rather than prioritizing based on order sequence or other criteria. This ensures equitable treatment of all parties involved.

Although the Nonhappening of Presupposed Conditions May Relieve the Seller