[Scuba Supplies] the Dive Shop Ordered Ten Mega2000 Diving Tanks,ten

question 79

Multiple Choice

[Scuba Supplies] The Dive Shop ordered ten Mega2000 Diving Tanks,ten SuperSlick wetsuits,and ten pairs of Awesome swim fins from ScubaCo under a destination contract.The tanks were scheduled to be delivered first,and the remaining items would arrive the following day.Upon the first delivery,The Dive Shop noticed that ScubaCo sent ten Mega500 Diving Tanks,an inferior model.The Dive Shop's owner called ScubaCo and was told that ScubaCo had sold out of the Mega2000 model,but the Mega 500 was the same price,was "pretty much the same",and The Dive Shop had to pay for the order or it would be in breach of contract.The following day,ScubaCo checked the remainder of the order which consisted of the wetsuits and fins and verified it to be correct.It delivered the remainder of the order,however,The Dive Shop refused delivery.On the way to its next delivery,the carrier truck ran off the side of the road and the goods were lost.
-Is ScubaCo correct that The Dive Shop must accept the ten Mega500 tanks?

• A)Yes,because they are conforming goods
• B)No,The Dive Shop can either accept the nonconforming goods or reject the goods subject to the seller's curing the deficiency in the goods and reject them if no cure is possible.
• C)Yes,because,even though they are not conforming goods,they are substantially the same
• D)No,The Dive Shop can cure the deficiency in the goods on its own
• E)No,The Dive Shop's only recourse is to demand the conforming goods be provided

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