Question

Bill and Mary sign a contract whereby Bill is going to deliver 400 pairs of shoes to Mary's warehouse by noon on Tuesday. The contract states that the shoes will come on 4 wooden pallets. Bill knows that the shoes will come on 4 metal pallets. Mary's warehouse is full of goods on both wooden and metal pallets. Mary decides she does not want the shoes and so sues to rescind the contract based on fraudulent misrepresentation. What is the outcome?

Answer 1

Bill shall win the case, even when he has a fault but that is not relevant.

Step-by-step explanation:

In case Mary do not want the pair of shoes then she shall reject the pair, and pay the liability as stated in the contract, in case of fault by the party in the contract.

As she has many metal pallets also the fact that Bill delivers the shoes along with metal pallets and not with wooden pallets, is not a major default for the grounds to be sued by Mary.

As this clearly do not make any fault in the quality of shoes delivered, time of shoes delivered etc:

Thus, Bill shall win the case.