Mario,a chef,has been working for over a year to remodel an old building he purchased to start his own restaurant.The grand opening is scheduled on April 1st.A lot of guests and critics have been invited to the event.He ordered a top of the art stove from Bella Cucina,Inc.The contract states that the stove has to be delivered on or before march 20,and that "time is of the essence" because of the opening-night deadline.Bella Cucina has some logistics difficulties and doesn't deliver the stove until March 27.Mario refuses to accept it,and Bella Cucina sues.Who wins?

Question

Quizplus · Accepted Answer

The contract clearly states that "time is of the essence" and the stove was not delivered by the specified date, which is a breach of contract. Mario has the right to refuse the delivery and can hold Bella Cucina responsible for any damages caused by the delay. The frustration of purpose doctrine does not apply here as the stove was the essential component of Mario's business and he had a valid reason to enforce the delivery date. Bella Cucina cannot argue that the delay was reasonable as they have explicitly agreed to the delivery date in the contract.

Mario,a Chef,has Been Working for Over a Year to Remodel