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

question 36

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.
-Which of these is the most likely result if Troy claims he had reasonable grounds to believe the trophies were acceptable?

• A) He would be correct because Eduardo's payment by check for the goods upon their delivery provided Troy with a measure of reliance that they would be acceptable.
• B) He would be incorrect because Eduardo did not confirm in writing that the trophies were acceptable.
• C) He would be incorrect because Eduardo did not confirm orally or in writing that the trophies were acceptable.
• D) He would be correct because of the special UCC exception for sports-related items.
• E) He would be correct because of the special UCC exception for school-related items.

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