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operates a small grill on the boardwalk in Ocean City from April 1 through September 30 each year. During the busy season, Ranya needs regular deliveries of fresh ingredients that she uses to provide menu items to her customers. Ranya contracted with ABC LLP for the three times-weekly delivery of fresh vegetables including Romaine lettuce, Beefsteak tomatoes, and Vidalia onions (20 pounds of each for each delivery), starting on April 1 and finishing September 28. The contract provided that the service would cost Ranya $1,500 per week, payable on the first delivery each week that was scheduled for Mondays. The first delivery for the season did not arrive until April 2, and the order was missing Romaine lettuce. Ranya contacted ABC and they advised that they would deliver the missing lettuce on the next order that was scheduled for delivery on April 4. That delivery was also late, but this time, Ranya was missing the onions she needed (the ones delivered were spoiled). Expecting the problem to continue, Ranya contacted a different company to supply the vegetables she needed but the weekly cost for the replacement vendor is $2,000.

In 300-400 words, discuss: using UCC § 2-612, whether Ranya can terminate the agreement with ABC and whether ABC might be liable to Ranya for damages as of April 5.

Sagot :

Under Section 2 612 UCC, ABC might be liable to Ranya for damages as of April 5.

What is Section 2 612 UCC?

The Section 2 612 UCC is meant to explain the installment contract. When the buyer and the seller enters into the agreement of installment contract of the delivery of goods.  

The contract provides the right to the buyer for the reject of the contract for non-conforming installments.

As per the above scenario, Ranya can terminate the contract by not satisfied with the services of the company as the first delivery for the season did not arrived. Thus she can claim for the charges of the non completion of the delivery.

She can claim for late delivery, delivered items spoiled and missing of the items. Therefore, ABC might be liable to Ranya for damages.

Learn more about Section 2 612 UCC here:

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