Svetlana,a Carpenter,agreed to Make 100 Maple Bats for Dexter,a Professional

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 TRUE?

A) Since Svetlana breached a warranty,Dexter never enjoyed the option of discharging the contract.
B) Although Dexter was entitled to discharge the contract and reject Svetlana's bats on the basis of her breach of a warranty,he lost that right when he accepted the delivery and used some of the bats.
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.