Sally Contracted with Ben,who Operates a Farm in Guatemala,for the Importation

question 4

Multiple Choice

Sally contracted with Ben,who operates a farm in Guatemala,for the importation of some great coffee beans for her coffee shop.The contract provided that Ben would be sure the coffee arrived by September 1^st,in time for an open house Sally had planned.Sally was not worried because Ben had always delivered on a timely basis in the past.Ben was busy and was late getting the beans in transit.The beans did not arrive until September 2^nd.Sally shipped them back and refused to pay.Ben sued.What is Sally's best defense?

• A) That Ben failed to substantially perform.
• B) That Ben failed to materially perform.
• C) That Ben violated the perfect tender rule.
• D) That Ben's beans were not that good and that she decided to go with another brand.
• E) She has no defense because he was only one day late, and she should pay.

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Definitions:

Employment

The condition of having a paid job or being engaged in activities or tasks that generate income.

Belief

A mental state or attitude that involves trust or confidence in a proposition, theory, or statement as true.

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Fatalities resulting from the excessive or inappropriate consumption of alcohol.

Cirrhosis

A late stage of scarring (fibrosis) of the liver caused by many forms of liver diseases and conditions, such as hepatitis and chronic alcoholism.