Material v. Minor Breach Self-Quiz
Ben and Jerry enter into
a contract with Moo Juice under which, Moo Juice will ship Ben and Jerry
ten thousand gallons of whole milk on May 1st, and Ben and Jerry will
pay $1 per gallon. Ben and Jerry inform Moo Juice that the milk must be
at their plant on May 1st because they have a big ice cream order to fill
on May 5th and they need all four days between the delivery date and the
order date to turn the milk into ice cream. Moo Juice accidentally does
not deliver the milk until May 2nd. If Ben and Jerry sue for breach of
contract, the court will find that Moo Juice’s breach was:
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Ben and Jerry enter into
a contract with Moo Juice under which, Moo Juice will ship Ben and Jerry
ten thousand gallons of whole milk on May 1st, and Ben and Jerry will
pay $1 per gallon. Moo Juice accidentally does not deliver the milk until
May 2nd. If Ben and Jerry sue for breach of contract, the court will find
that Moo Juice’s breach was:
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Ben and Jerry order ten thousand
gallons of milk from Moo Juice, telling them that the milk must be delivered
to them on May 1st because they have a large order to fill and they will
need three full days to turn the milk into ice cream. Moo Juice delivers
the milk on May 2nd. If Moo Juice’s breach is material, Ben and
Jerry:
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Ben and Jerry enter into
a contract with Moo Juice under which, Moo Juice will deliver ten thousand
gallons of milk to Ben and Jerry on May 1st and Ben and Jerry will pay
$1 per gallon. Moo Juice delivers the milk on May 2nd. If Moo Juice’s
breach is not material, Ben and Jerry:
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