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sergij07 [2.7K]
3 years ago
10

Ellen contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vines Winery for $1,200. The contract states t

hat delivery is to be made at Ellen’s residence "on or before May 1, to be used for daughter's wedding reception on May 2." On May 1, Grapes & Vines’s delivery van is involved in an accident, no wine is delivered that day, and no one from Grapes & Vines tells Ellen. On the morning of May 2, Ellen buys the wine from Happy Hill Winery. That afternoon, just before the reception, Grapes & Vines tenders delivery of the wine at Ellen’s residence. Elin refuses tender. Grapes & Vines sues Elin for breach of contract. How is the court most likely to rule?
Business
1 answer:
Amiraneli [1.4K]3 years ago
5 0

Answer:

Explanation:

Since the delivery is being attempted after the date of the contract, it is Grapes & Vines breaching the contract. Grapes & Vines’s failure to deliver on May 1 and its failure to inform Ellen of the delays a material breach releasing her from any liability under the contract. The court will most likely rule that not only has Ellen not broken the contract, that Grapes & Vines must pay her court costs due to the frivolous nature of the lawsuit.

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