[Fixture Mishap] Samantha Owns a Hardware Shop That Also Sells

question 83

Multiple Choice

[Fixture Mishap] Samantha owns a hardware shop that also sells expensive bathroom fixtures. Maddie, a whiz with tools, purchased some expensive fixtures for her bathroom for $400. Samantha had only one set of the fixtures that Maddie wanted. Although Maddie noticed a slight discoloration on one of the faucets, she went ahead with the contract because Samantha indicated that she would remedy the situation should the problem become worse. Because they were friends and attended the same church, Samantha gave Maddie 90 days in which to pay. A month later, and before she paid for the fixtures, Maddie called Samantha and told her that the fixtures were corroding, the discoloration had worsened, and the fixtures looked terrible. Samantha said that she would provide Maddie replacements, but six months later they had not arrived, and Samantha told Maddie that they were on back order. At that point, Maddie purchased fixtures elsewhere for $500 and informed Samantha that she could pick up the corroded fixtures at her front door. Samantha picked up the fixtures, and although they were obviously defective, Samantha was able to resell them for $100. Samantha told Maddie that she would have gladly provided fixtures that would not corrode if she had only a bit more time, that Maddie should have given her a chance to do so, and that as far as Samantha was concerned, Maddie owed her $300.
-Is Samantha likely correct in that she owes Maddie no obligation?

• A) Yes, Samantha is correct but only because a consumer transaction with a nonmerchant is involved.
• B) Yes, but only because the fixtures were incorporated into real property.
• C) Yes, because that is the only remedy she must provide under any circumstances.
• D) Yes, but only because the fixtures had not yet been paid for by the buyer.
• E) No, because Maddie had the right to revoke acceptance and cover.

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