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Fred's Fireplaces Enters into a Contract with Miguel's Patio Supply

Question 57

Multiple Choice

Fred's Fireplaces enters into a contract with Miguel's Patio Supply in which Miguel's agrees to purchase 20 fireplaces. Miguel fails to pay and Fred's Fireplaces sells the fireplaces to Phillips Outdoor Store instead. Did Fred's Fireplaces act appropriately?


A) No because selling goods to another buyer is never appropriate.
B) No because filing a lawsuit is required before selling goods to another buyer.
C) No because selling goods to another buyer is appropriate in the event of breach only if the contract is for at least 50 units of goods.
D) No, because the UCC requires sellers to notify buyers within 100 days of selling goods to another buyer in the event of a breach.
E) Yes, because the UCC allows a seller to sell the goods to someone else if the buyer breaches the contract before the seller has delivered the goods.

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