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:
Material
Not material
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:
Material
Not material
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:
Choice 1 Must accept and pay for the delivery but can sue for damages
Choice 2 Must accept the delivery but they do not have to pay for it
Choice 3 Must accept and pay for the delivery and cannot sue for damages
Choice 4 Can reject the delivery and sue for damages
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:
Choice 1 Must accept and pay for the delivery but can sue for damages
Choice 2 Must accept the delivery but they do not have to pay for it
Choice 3 Must accept and pay for the delivery and cannot sue for damages
Choice 4 Can reject the delivery and sue for damages

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