LaTisha Contracted with Marco, Who Operates a Farm in Guatemala

question 47

Multiple Choice

LaTisha contracted with Marco, who operates a farm in Guatemala, for the importation of some great coffee beans for her coffee shop. The contract provided that Marco would be sure the coffee arrived by September 1st, in time for an open house LaTisha had planned. LaTisha was not worried because Marco had always delivered on a timely basis in the past. Marco was busy and was late getting the beans in transit. The beans did not arrive until September 2nd. LaTisha shipped them back and refused to pay. Marco sued. What is LaTisha 's best defense?

• A) That Marco failed to substantially perform.
• B) That Marco failed to materially perform.
• C) That Marco violated the perfect tender rule.
• D) That Marco beans were not that good and that she decided to go with another brand.
• E) She has no defense because he was only one day late, and she should pay.

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Definitions:

Diving Marine Mammals

Marine animals, such as whales, seals, and dolphins, adapted to diving deep under water to feed, communicate, or avoid predators.

Adaptations

The method through which a species adapts to its surroundings; this occurs as natural selection works on variation that can be passed down through generations.

Seals

A group of aquatic mammals known for their streamlined bodies, flippers, and often living in cold seas, part of the family Phocidae.

Dolphins

A group of aquatic mammals within the family Delphinidae known for their intelligence, social behavior, and vocalizations.