Question

Fruited Plain, Inc, agrees to sell high-quality grain seed to Grange Co-op. Because only half of the quantity ordered is available, Fruited Plain ships a lesser quality seed in twice the amount of the remainder of the order for the same price. Grange Co-op rejects the lesser quality seed. With time for performance not yet expired, Fruited Plain can:_______.
A) attempt to cure the defect
B) cancel the contract.
C) recover the amount of its expected profit plus incidental damages.
D) resell or dispose of the seed and hold Grange Co-op liable for any loss.

Answer 1

Answer:

A) attempt to cure the defect

Explanation:

In this scenario Grange Co-op is recieving high quality seed from Fruited Plain. Only half of the high quality seed is available, the other half is made up of lower quality seed that is half the price of the higher quality one.

Since time for performance is not yet expired the best option for Fruited Plain is to attempt to cure the defect in the lower quality seeds and make them high quality.

They also have a lower cost of half what would have been spent on the remaining seeds. This fund can be used to cure the defect in lower quality seeds

Answer 2

Answer: A) attempt to cure the defect

Explanation: By shipping lesser quality seeds in place of what was ordered by the buyer, Fruited Plian Inc. has not kept to the terms of the contract. However, with time for performance not yet expired, the company can attempt to cure the defect by replacing the rejected lesser quality seeds with high quality ones as agreed by the contract.