Svetlana, a Carpenter, Agreed to Make 100 Maple Bats for Dexter

Multiple Choice

Svetlana, a carpenter, agreed to make 100 maple bats for Dexter, a professional baseball player.The total price of $10 000 was to be paid one week after delivery of the bats.When Svetlana delivered the bats to Dexter, he noticed that they were made out of wood from pine trees rather than maple trees.Despite being disappointed, he reluctantly agreed to accept the shipment and promised to pay as required by the contract.After using the bats for two days, however, he found that they considerably reduced his ability to hit home runs.He also learned that Jorge, another carpenter, was willing to produce 100 maple bats at a price of $5000.There is a common belief among baseball players that maple bats are far superior to pine bats.Which of the following statements is most likely to be TRUE?

A) Since Svetlana breached a warranty, Dexter never enjoyed the option of discharging the contract.
B) The facts illustrate the contractual doctrine of deviation in delivery.
C) Svetlana committed an anticipatory breach of contract.
D) Even if Dexter exercises a right of discharge, the contract will continue to exist for some purposes.
E) Since the bats can still be used, the facts illustrate the doctrine of substantial performance.