[Brea's Berries] Brea, a Berry Farmer, Regularly Supplies Berries Under

question 51

Multiple Choice

[Brea's Berries] Brea, a berry farmer, regularly supplies berries under an installment contract to Zelda's, a manufacturer of frozen desserts. Zelda's prefers its berries to be large, to provide the best quality for its products, and mandated that the contract contain a provision that each berry needed to be at least one inch in length. Zelda's rejected the latest shipment of berries, claiming that the majority of the berries did not meet the requisite length. Brea argues that Zelda cannot reject the entire shipment because it is only a trivial detail. Zelda responds that the size constitutes a substantial impairment in the goods and will make her products less desirable. She tells Brea she's cancelling the contract because she has to quickly find another supplier in order to complete a large order.
-Can Zelda reject the shipment because of the size?

• A) Yes, because of the perfect tender rule and no exception applies.
• B) No, because failure to meet the proper size standard would never constitute a substantial impairment.
• C) Yes, because failure to meet the proper size standard may constitute a substantial impairment, especially in light of the contract provision about berry size.
• D) No, because she cancel a contract for trivial defects.
• E) No, a buyer has no right to reject a shipment based on subjective factors, such as inappropriate size.

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