Dean Builders Agrees to Purchase All of Its Sump Pump

question 40

Multiple Choice

Dean Builders agrees to purchase all of its sump pump requirements for the new houses it builds from Satisfactory Sump Pump,Inc.These two business have had similar agreements the last three years and Dean's requirements have averaged 100 sump pumps per year.This year there was an unusually wet spring and Dean's requirements doubled to 200 sump pumps.Because of the high demand for sump pumps,the market price of the pumps tripled.Satisfactory Sump Pump,Inc.delivers 100 pumps at $75,the contract price.Satisfactory has exhausted its inventory and cannot deliver any more,so Dean buys the other 100 pumps from other suppliers at $225 each.Dean sues Satisfactory Sump Pump,Inc.for the additional expense.What is the most likely result?

• A)Satisfactory Sump Pump, Inc.wins; output and requirements contracts are not enforceable since no quantity is stated.
• B)Dean wins; Satisfactory Sump Pump, Inc. agreed to meet the needs of Dean and did not do so, which is a breach.
• C)Satisfactory Sump Pump, Inc. wins; requirements contracts are governed by a good faith standard, and it was unreasonable for Dean to demand so many additional pumps.
• D)Dean wins; the requirement of good faith applies only between merchants, and Dean is not a merchant.

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Definitions:

Moving Assembly Line

A manufacturing process in which parts are added to a product in a sequential manner to create a finished product more efficiently.

Interchangeable Parts

Components that are made to specifications that ensure they are so nearly identical that they will fit into any assembly of the same type, enabling easy assembly and repair of manufactured goods.

Defense Plants

Factories and production facilities dedicated to manufacturing military and defense-related equipment and supplies.

World War II

A global conflict that lasted from 1939 to 1945, involving most of the world's nations and marked by significant battles, genocide, and the eventual defeat of Nazi Germany and Imperial Japan.