Melton enters into an agreement with Onyx Suits to purchase their latest tuxedo tailored in his size from the online website.When Melton receives the package from Onyx in the mail,the tuxedo is more than noticeably untailored and there appears to be a stain on the pant leg.Which of the following is true?

Question

Quizplus · Accepted Answer

A condition is an essential term of the contract, a breach of which would give Melton the right to discharge himself from the contract. However, the issue with the tuxedo is not an essential term of the contract, and therefore, it only constitutes a breach of a warranty. Onyx is, therefore, liable for the cost of tailoring the suit and cleaning it, as this would put Melton in the position he would have been had Onyx fulfilled their obligations under the contract. Melton does not have the right to discharge himself from the contract as the breach is not serious enough to deprive him of the entire benefit of the contract.

Melton Enters into an Agreement with Onyx Suits to Purchase