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Kirk Corp. sold Nix an Ajax freezer, Model 24, for $490. The contract required delivery to be made by June 23. On June 12, Kirk delivered an Ajax freezer, Model 52, to Nix. Nix immediately notified Kirk that the wrong freezer had been delivered and indicated that the delivery of a correct freezer would not be acceptable. Kirk wishes to deliver an Ajax freezer, Model 24, on June 23. Which of the following statements is true?

A. Kirk may deliver the freezer on June 23 without further notice to Nix.
B. Nix must accept the nonconforming freezer but may recover damages.
C. Kirk may deliver the freezer on June 23 if it first seasonably notifies Nix of its intent to do so.
D. Nix always may reject the nonconforming freezer and refuse delivery of a conforming freezer on June 23.

1 Answer

4 votes

Final answer:

Kirk Corp may deliver the correct Ajax freezer on June 23 if it notifies Nix of its intention to do so in advance, due to the right to cure under the UCC. Direct communication is required to clarify if Nix agrees to this or maintains the original stance of refusing the corrected delivery. The correct statement is C. Kirk may deliver the freezer on June 23 if it first seasonably notifies Nix of its intent to do so.

Step-by-step explanation:

According to the Uniform Commercial Code (UCC), when a seller delivers goods that are nonconforming to a contract, and the buyer rejects them, the seller generally has the right to cure. This means the seller can offer to deliver conforming goods within the contract time frame.

However, if the buyer has indicated that a replacement will not be accepted, the seller's right to cure might not be applicable. In the scenario where Kirk Corp. delivered an Ajax freezer, Model 52, instead of Model 24, and Nix immediately notified Kirk of the mistake and indicated that delivery of a correct freezer would not be acceptable, the correct statement is C. Kirk may deliver the freezer on June 23 if it first seasonably notifies Nix of its intent to do so. This gives Nix the opportunity to insist on its original instruction or to agree to a new arrangement. It's important to note that communication between the parties is essential and that Kirk Corp. cannot unilaterally assume it can make the delivery on the original date without this notification.

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