2) Is Bright entitled to specific performance because of the unique nature of the goods? Yes, the seller should cure the nonconforming goods for the buyer. If the buyer accepts the sellers re-tempt to make another delivery because the nature of the circumstance, it would need to be done within the time for performance expires. (UCC 2-508; 2A-513) 4) Hoselton did not have a chance to cure the defects. Is Hoselton correct? No, the buyer is given the opportunity to inspect the goods. If problems arise over “in accordance with the contract” usage of trade, the course of dealing and performance and general circumstances must be given consideration to help determine the meaning of these words (UCC 2-302). If the goods or the delivery fails to conform to the contract, there is no duty on the part of the buyer to accept or pay. 6) Under what circumstances will Saxby not be able to recover the price if it seeks this remedy instead of other possible remedies? It wouldn’t be wise for the seller to sue to recover the purchase price when the buyer accepts the goods and refuses to pay for them because he is insolvent. Saxby will not be able to recover the price if it seeks this remedy. The seller should sue to reclaim the goods from the buyer. 8) What rights, if any, does Berry have under these circumstances? The buyer may lose the right to revoke or reject goods that are nonconforming by failing to inspect them in a timely manner. When the buyer accepted the goods, signifies to the seller or lessor in words or by conduct that the good are conforming or that the goods will be taken despite their nonconformity. 10) Should Salim recover damages from McGregor?
Yes Salim will be able to recover damages for this agreement because it is a unique good that is hard to re-sell. The buyer is breaching the contract and the seller may demand damages for this specific performance not sold. The buyer waiting to late to notify the seller that he was no longer interested on the goods....
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