Cheesy Pizza Company contracts to sell 1,000 cases of frozen pizzas to Roller Rinks,Inc.,but refuses to deliver.Due to a spice shortage,Roller Rinks cannot obtain pizza elsewhere.Roller Rinks's right to recover the goods from Cheesy is the right of
A)cover.
B)cure.
C)replevin.
D)specific performance.

Question

Quizplus · Accepted Answer

Roller Rinks can sue for replevin, which is the right to recover possession of specific goods unlawfully withheld by another party. This allows them to retrieve the 1,000 cases of frozen pizzas they contracted for from Cheesy Pizza Company, since they cannot obtain the pizzas elsewhere due to the spice shortage. Cover (A) refers to a buyer's right to purchase substitute goods when the seller fails to deliver, where cure (B) refers to a seller's right to remedy a nonconforming delivery. Specific performance (D) refers to a court order requiring a party to fulfill a contractual obligation, which is not applicable in this situation since the goods are not unique or of special value.

Cheesy Pizza Company Contracts to Sell 1,000 Cases of Frozen