Under the Second of Two Contracts with Citrus Orchard for Deliveries

question 37

Multiple Choice

Under the second of two contracts with Citrus Orchard for deliveries of fruit, Distribution Center refuses to pay for fruit that arrives damaged. Citrus responds that the buyer did not waive payment for damaged goods in the parties' first contract. Citrus is arguing that the court should take into account

• A)course of dealing.
• B)course of performance.
• C)usage of trade.
• D)none of the choices.

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Definitions:

Warehouser's Lien

A legal right granted to warehouse operators to hold onto a customer's goods until payment has been made for warehouse services.

Stored Goods

Items that are kept in a warehouse or other storage location for future use, sale, or distribution.

Stolen Article

An item that has been taken without permission, leading to the loss of ownership or possession by the rightful owner.