In Sons of Thunder V

question 74

Multiple Choice

In Sons of Thunder v.Borden,it was alleged that Borden breached its contract with the owners of Sons of Thunder by not purchasing the required quantity of clams.The court found that

• A) because Borden willfully tried to circumvent its contractual obligations to plaintiff, who had taken out a significant loan and purchased two specialty boats in order to fulfill the contract, Borden had breached the duty of good faith when it purchased fewer clams from plaintiff and instead went to a competitor.
• B) Borden had breached an output contract by not buying all of the plaintiff's clams and buying from competitors.
• C) the purchase of larger boats by the plaintiff was a business decision for which Borden could not be held responsible.
• D) Borden had breached a requirements contract by buying from competitors when the plaintiff still had available clams to sell to Borden.

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