Earl holds 1,000 pounds of perishable fruit in storage for Fresh Food Corpo?ration.Fresh Food does not pay for the storage.Earl sells the fruit to Green Grocers,Inc.This sale represents
A)a breach of contract.
B)a mitigation of damages.
C)rescission and restitution.
D)specific performance.

Question

Quizplus · Accepted Answer

Earl's action of selling the fruit to Green Grocers, Inc. can be considered a mitigation of damages as he is trying to minimize his losses by selling the fruit instead of letting it perish in storage. It is not a breach of contract as there is no mention of any contract between Earl and Fresh Food Corporation regarding payment for storage. Rescission and restitution and specific performance are also not applicable in this scenario.

Earl Holds 1,000 Pounds of Perishable Fruit in Storage for Fresh