Question 45 (6 points)
Floors and More, Inc. was contacted by Dr. Straight for an order os a specific brand
and color of non-slip tile. Dr. Straight made it clear that the tile was needed for
installation beginning November 21st so that it would be ready for the planned grand
opening of a new dental office on December 1st. Floors accepted the terms of the
contract and delivered the first of three shipments of tile on November 7th, the
second batch arrived on November 15th and the final shipment on November 21st.
None of the shipments were due until November 21st when the installation was
scheduled to get underway. As the installers began opening boxes on the 21st, Dr.
Straight discovers that the tile was the wrong color. She immediately notifies Floors
and More, Inc. of the nonconformity. Floors' management response stated that the
Dr. was "out of luck because they did not advise Floors that the tile was the wrong
color upon the first delivery.
A) Does Dr. Straight have the right to reject the goods on November 21st? If yes,
how should it be carried out? If no, why not?
B) Assume Dr. Straight was present and opened the first box of tiles on November
7th and discovered they were the wrong color. What options does the Dr. have on
the 7th? Does the Dr. have to wait until November 21st to consider the contract
breached? What if the Dr. worries that Floors and won't have the right color on the
second or final shipment and wants to go with some other supplier? Is this
permissible?
4
C) Assume Dr. Straight decided to order from a different supplier. The boxes of
nonconforming tiles are in the way for the grand opening gala. Dr. Straight needs to
have the bad tiles moved out of the office to the garage to await pick up by Floors
and More. What duties and obligations does Dr. Straight have concerning the tiles
and what duties and obligations does Floors have concerning the tiles? Explain fully.