[Softball Trophies] to Recognize Softball Players on His Team, Eduardo

question 1

Multiple Choice

[Softball Trophies] To recognize softball players on his team, Eduardo ordered from Troy 10 trophies showing a softball player swinging a bat. The trophies were to be delivered on May 1st for an award dinner to be held on May 20th. Troy was at first unable to obtain trophies showing a softball player swinging a bat, but by May 13th, he did locate some trophies with a softball player holding a bat. The difference did not substantially impair the value of the trophies, and thinking that the trophies would be acceptable, Troy delivered them on May 14th. Eduardo glanced at the trophies, paid for them with a check, and said nothing. On May 16th Eduardo looked at the trophies more closely and decided that he did not like them. Eduardo canceled payment on his check, and Troy sued him for payment.
-Only considering the issue involving the time set for delivery, what is the likely effect of Troy delivering the trophies after the agreed upon time?

• A) Eduardo has the right to rely on the failure of Troy to deliver the trophies in a timely manner and will likely prevail.
• B) Eduardo's payment for the trophies without inspection and after the time called for by the contract likely waived the performance provisions of the contract regarding the time for delivery.
• C) Eduardo did not waive the performance provisions of the contract regarding the time for delivery because he paid by check.
• D) Eduardo did not waive the performance provisions of the contract regarding the time for delivery only because he canceled the check before it was cashed by Troy.
• E) Eduardo cannot rely upon the performance provisions of the contract regarding the time for delivery because he did not object within 24 hours of the delivery of the trophies and, therefore, did not meet the UCC 24-hour rule.

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