First Principles of Business Law

Performance and breach of contract

3. Discharge of a contract by performance

3.6. Divisible contracts continued...

 

 

 

Read the facts and the question and then choose the best answer.

A, a farmer, negotiates with B, a general dealer, to buy several items: a quantity of irrigation pipes for $1,000, a grass cutter for $500; and two rolls of fencing wire for $200 each. B delivers the irrigation pipes and the grass cutter but fails to deliver the fencing wire, which he says he cannot obtain. B says that even though he did not deliver everything that A bought, A should accept the delivery of the irrigation pipes and grass cutter and pay for them. Is B correct?

(a) Yes. The things were bought at the same time, but are not bought to be used together. There are separate contracts that can be enforced individually.

(b) No. The things were bought at the same time, and therefore are part of one indivisible contract.

 

 

 

 

 

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