Fran's Flowers is required,as a condition of their contract,to supply the Ubiquitous Chip,a trendy restaurant,with 45 flower arrangements for tables and three large displays,twice a week.This week,it was two table arrangements short one day and three short on the other.
-The Ubiquitous Chip can argue that Fran's Flowers has breached a condition of the contract and treat the contract as being at an end,which means the Ubiquitous Chip would not have to pay for the flowers delivered.

Question

Quizplus · Accepted Answer

The contract can only be terminated if the breach is considered a fundamental breach. The fact that Fran's Flowers was two table arrangements short on one day and three short on another, does not necessarily constitute a fundamental breach. The Ubiquitous Chip may be entitled to claim damages for the breach, but cannot treat the contract as being at an end without further legal action.

Fran's Flowers Is Required,as a Condition of Their Contract,to Supply