[Missed Payments] Blake, Who Loved Water Sports and Relaxing in Hot

question 86

Multiple Choice

[Missed Payments] Blake, who loved water sports and relaxing in hot tubs, purchased a hot tub on an installment plan and was to pay the seller monthly. Her last payment was made on January 2, 2011. After several failed attempts at collection, the seller brought a lawsuit against Blake for sums remaining on the account on January 3, 2016. Blake defended on the basis that the statute of limitations had expired on the claim. The seller argued, however, that adequate time remained because the UCC applies a flexible statute of limitations; and, at any rate, sellers have at least five years in which to sue. Blake also arranged to purchase a personal watercraft. According to the terms of his contract with the seller, Blake was to pay an initial deposit within 10 days of the sale, at which point she could take possession of the watercraft and make monthly payments thereafter. A couple of days after purchasing the personal watercraft, Blake realized that a personal watercraft would not allow her to invite all her friends on lake trips and purchased a pontoon boat instead. Because the seller of the pontoon boat demanded cash, Blake paid the total sales price prior to delivery. Unfortunately, when the pontoon boat was delivered, Blake found that it had a less powerful motor than the seller represented. Blake notified the seller of the problem, but the seller claimed to have no obligation to remedy the problem. Although she knew that she paid too much for it, Blake decided that since lake season was underway, she would keep the pontoon boat. Because Blake paid full price for the pontoon boat, she was unable to pay within 10 days the deposit on the personal watercraft. The seller refused to deliver the watercraft, and sold it to another customer. Blake informed the seller that the refusal to deliver the watercraft was wrongful and that she was going to exercise her right to cover.
-Which of the following is true regarding Blake's options in regard to the pontoon boat?

• A) She has no options in regard to recovery from the seller because she retained the pontoon boat knowing that the seller refused to grant relief.
• B) She has only 90 days in which to return the pontoon boat and seek either specific performance or monetary damages to give her the benefit of the bargain.
• C) She has only one year in which to return the pontoon boat and seek specific performance, but she cannot sue for damages.
• D) She has only one year in which to return the pontoon boat and seek monetary damages to give her the benefit of the bargain, but she may not seek specific performance.
• E) She may keep the pontoon boat and seek monetary damages to give her the benefit of the bargain.

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Definitions:

Hematopoiesis

The process of new blood cell formation in the red bone marrow of cancellous bone.

Cancellous Bone

A type of bone that is less dense, consisting of trabeculae, providing structural support and flexibility.

Long Axis

The longest dimension or principal axis of a body or geometric figure, representing the greatest distance between two points along any chosen orientation.

Central Canal

The cerebrospinal fluid-filled channel running longitudinally through the length of the entire spinal cord.