Question

4. Ellen contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vines Winery for $1,200. The contract states that delivery is to be made at Ellen’s residence "on or before May 1, to be used for daughter's wedding reception on May 2." On May 1, Grapes & Vines delivery van is involved in an accident, no wine is delivered that day, and no one from Grapes & Vines tells Ellen. On the morning of May 2, Ellen buys the wine from Happy Hill Winery. That afternoon, just before the reception, Grapes & Vines tenders delivery of the wine at Ellen’s residence. She refuses tender\delivery. Grapes & Vines sues her for breach of contract. How is the court most likely to rule

Answer 1

Answer: In Ellen's favor

Step-by-step explanation:

A component of the contract between Ellen and Grapes & Vines was breached which was that the wine was to be delivered "on or before May 1''. It was delivered on the 2nd which was a breach of contract which means that the contract can be voided.

If Grapes and Vines uses the defense that their van broke down and therefore it is a care of extraordinary circumstances, all efforts should have been made to contact Ellen to explain this situation. This was not done so Ellen was within her right to cancel the contract.