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Fact Pattern 17-1 Farmers Produce, Inc

Question 33

Multiple Choice

Fact Pattern 17-1 Farmers Produce, Inc., and Growers Market enter into a contract for the delivery of locally grown fruits and vegetables. The parties use a standard Farmers Produce form that contains some of the terms the parties agree on but not others. Some of the produce spoils before it can be cooked, served, and eaten, or sold. Growers Market refuses to pay for the spoiled goods.
Growers Market sends in an order to Farmers Produce for the delivery of locally grown fruits and vegetables. Because of an early freeze, some of the locally grown fruits are not available. Farmers Produce substitutes some fruits from outside the contract definition of "local" and includes a notice that they are making an accommodation shipment due to the freeze. Farmers Produce


A) accepted the offer and breached the contract by sending nonconforming goods.
B) accepted the offer but did not breach the contract because of the note .
C) did not accept the offer because the acceptance was different.
D) has an opportunity to find the locally grown fruit and send it as soon as possible.

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