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sally, who has a candy shop, agreed to sell ricky, a teacher, all the chocolate candy bears in her shop for treats for his class. unfortunately, through no fault of hers, sally's air conditioner went out and half of the bears partially melted. what are the rights and duties of the parties in relation to the contract?

User Cellcortex
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Final answer:

Sally, as a seller, has the duty to provide the chocolate candy bears; however, due to unforeseen circumstances, the bears were damaged. If the goods were at Ricky's risk when damaged and the contract does not state otherwise, he may still be responsible for payment, although he could have rights to a remedy such as a price reduction or refusal of goods, depending on the contract terms and applicable law.

Step-by-step explanation:

The question pertains to a contractual agreement between Sally, a candy shop owner, and Ricky, a teacher. Generally, under contract law, both parties have duties and rights that arise from their agreement. Sally has the duty to provide the agreed-upon goods, in this case, chocolate candy bears. Unfortunately, due to an air conditioner failure, half of the bears partially melted, which was not Sally's fault. Typically, if the goods are damaged through no fault of the seller, and if the goods were at the 'risk' of the buyer at the time of the damage, then the buyer may still have to pay for the goods. However, the specifics will depend on the terms of the contract and the applicable law, which may provide for remedies such as a reduction in the purchase price or the right for the buyer to refuse the damaged goods.

Ricky, the buyer, initially had the right to receive the goods in the condition specified in the contract. Once the goods are damaged, Ricky's rights may include the option to cancel the agreement, receive a discount, or accept the damaged goods with the understanding they are impaired. The extent of these rights will be influenced by the terms of the contract, such as any clauses regarding risk of loss or damage, and the laws of the jurisdiction in which the transaction occurred.

User Szydzik
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