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Chapter 20

Rights and duties of Parties in Performance and Breach of Sales and Lease Contracts

Question 1

Bertha Buyer orders five bushels of oranges from Sal Seller. Sal sends his truck out to deliver five bushels of tangerines. Since Bertha is not home at the time that the delivery is attempted, the driver unloads the tangerines onto Bertha’s front porch and leaves them there, along with the bill. A day later, Bertha arrives home to find the tangerines rapidly spoiling in the sun. If she is not a fruit merchant, what are her responsibilities with regard to the fruit? Would your answer be the same if she were a fruit merchant? Explain.