A contract calls for Baked Goods,Inc. ,a bakery,to deliver fresh cookies to a coffee shop,The Coffee Cup,every Monday and for The Coffee Cup to pay on delivery.Baked Goods regularly delivers the cookies on Thursday and The Coffee Cup pays and never objects to the late deliveries.One Thursday,The Coffee Shop refuses the delivery and wants to cancel the contract.Which of the following statements is true?
A)The Coffee Cup can cancel the contract because Baked Goods has breached it.
B)The Coffee Cup must give Baked Goods an opportunity to cure the error.
C)The Coffee Cup cannot cancel the contract because it failed to give Baked Goods reasonable notice of its dissatisfaction.
D)The Coffee Cup cannot cancel the contract because it waived its right by accepting the previous late deliveries.

Question

Quizplus · Accepted Answer

In a contract that entails a number of instances of partial performance (such as deliveries or payments)by one party,the other party must be careful to object to any late deliveries or payments.If the other party does not object,it may waive its rights to cancel the contract if other deliveries or payments are late [2-208(3),2-209(4)].

A Contract Calls for Baked Goods,Inc