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In Merchants Acceptance Inc

Question 2

Multiple Choice

In Merchants Acceptance Inc., v. Jamison, Jamison ordered encyclopedias and the contract specified that delivery was to be made to Jamison's home. Instead, the encyclopedias were delivered to her post office box and she never received them. She refuses to pay for them and issued.


A) Jamison must pay because it was her post office box, delivery was close enough to be substantial performance, and risk of loss passed to her.
B) Jamison must pay because she easily could have mitigated damages by going to her post office box to pick up the encyclopedias.
C) Jamison does not have to pay because the goods were never tendered to her properly, so risk of loss never passed.
D) Jamison does not have to pay because the UCC permits a nonmerchant to cancel contracts with merchants at any time as a consumer protection.

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