Question

Question: Facts: Bill, a contractor in Brentwood, New York, prepared a bid for construction of an office bu... Facts: Bill, a contractor in Brentwood, New York, prepared a bid for construction of an office building for Fred. In preparation of his bid, Bill asked Sam, a tile manufacturer in Setauket, New York, for a quote on tile to Bill's specifications. On October 27, 2006, Sam returned a statement on his letterhead with a quote of $8,000.00 which stated that the quote was irrevocable. Although Bill did not tell Sam, Bill submitted a bid for the building on November 11, 2006, using Sam's quote as the basis for part of his bid. On January 8, 2007, after the price of tile had increased, Sam told Bill that he was revoking his offer. On January 9, 2007, Bill was awarded the contract to build the office building. Bill demanded that Sam deliver tile as per Sam's offer, but Sam refused. Bill thereupon purchased tile to his specifications from Ted, another tile manufacturer, for $9,000.00. Bill also needed doors for the office building. He contacted Steve, a door manufacturer in Syosset, New York, and placed an order for doors at a cost of $6,000.00, F.O.B. Syosset. Steve entered into a contract, which was reasonable, with a common carrier for the transportation of the doors from Syosset to Brentwood. While the doors were en route, the truck in which the doors were being transported was struck by lightning. The doors were completely destroyed. Bill refused Steve's demand for payment. Steve refused to supply Bill with replacement doors. Bill obtained replacement doors from Tom, another door manufacturer, for a cost of $7,000.00 which was then the current market value for doors meeting Bill's specifications. Bill and Susan, a window manufacturer in Stony Brook, New York, entered into a written contract whereby Susan agreed to provide windows to Bill's specifications no later than October 23, 2007, for a cost of $12,000.00. Susan's profit on the sale to Bill was $2,000.00. Susan has thousands of windows in stock, and can supply anyone with as many windows as he or she needs, at any time. On October 15, 2007, Susan delivered windows to Bill; however, the windows did not conform to Bill's specifications. Bill refused the windows and notified Susan in writing that day that he refused the windows. On October 16, 2007, Susan notified Bill that she would cure the non-conforming tender of goods. On October 18, 2007, Susan delivered new windows to Bill which conformed to Bill's specifications, but Bill had already purchased the windows he needed from Tina, another window supplier, for $11,500.00, on October 17, 2007, and Bill refused to accept Susan's second delivery of windows. Susan sold the windows to Frank, another buyer, for $12,000.00. Bill seeks damages from Sam, Steve and Susan. Steve and Susan seek damages from Bill.

Steve was discharged by impossibility when the doors were destroyed by lightning during transportation to Bill. True or False?

Bill is entitled to receive the full contract price of $6,000.00 from Steve. True or False?

Susan delivered defective windows to Bill on October 15, 2007. True or False ?

Susan is a lost volume seller since she had thousands of windows in stock and could supply anyone with as many windows as they need, at any time. True or False?

Susan is entitled to recover the full contract price of $12,000.00 from Bill. True or False?

Answer 1

Steve was discharged by impossibility when the doors were destroyed by lightning during transportation to Bill.

Answer:- False

Reason:- when the doors were destroyed by lightning during transportation to Bill, it can be replaced by the new door and thus the provision of discharged by impossibility will no be applicable.

Bill is entitled to receive the full contract price of $6,000.00 from Steve.

Answer:- False

Reason:- Bill can get the difference between the money paid for a new door and the contract price of the door with Steve

Susan delivered defective windows to Bill on October 15, 2007

Answer:- true

Reason:- The window delivered by Susan did not meet the specifications of Bill and thus it will be seen as a defective product

Susan is a lost volume seller since she had thousands of windows in stock and could supply anyone with as many windows as they need, at any time.

Answer:- True

Reason:- Susan will be a lost volume seller as Bill did not ask her to cancel the product or informed her that he is buying the product from somewhere else.

Susan is entitled to recover the full contract price of $12,000.00 from Bill.

Answer:- True

Reason:- In case of a lost volume seller, a seller can claim for the total amount which is sacrificed.