Asked by Alexandre Al Mokhtari on Jul 20, 2024
Verified
Which of the following is true regarding Blake's options in regard to the pontoon boat?
A) She has no options in regard to recovery from the seller because she retained the pontoon boat knowing that the seller refused to grant relief.
B) She has only 90 days in which to return the pontoon boat and seek either specific performance or monetary damages to give her the benefit of the bargain.
C) She has only one year in which to return the pontoon boat and seek specific performance, but she cannot sue for damages.
D) She has only one year in which to return the pontoon boat and seek monetary damages to give her the benefit of the bargain, but she may not seek specific performance.
E) She may keep the pontoon boat and seek monetary damages to give her the benefit of the bargain.
Specific Performance
A legal remedy requiring a party to fulfill their obligations under a contract, rather than paying damages for nonperformance.
Monetary Damages
Money claimed by or ordered paid to a party to compensate for injury or loss caused by the wrong of the opposite party.
- Learn about the remedies under the UCC designated for sellers and buyers when a breach takes place, focusing on specific performance and revocation of acceptance.
- Comprehend the Uniform Commercial Code's criteria for accepting goods that do not conform and pursuing financial compensation.
Verified Answer
RV
Rowall vasquezJul 21, 2024
Final Answer :
E
Explanation :
Blake's decision to keep the pontoon boat does not preclude her from seeking monetary damages to compensate for the discrepancy between the boat's represented and actual condition. This option allows her to address the seller's misrepresentation while retaining the boat.
Learning Objectives
- Learn about the remedies under the UCC designated for sellers and buyers when a breach takes place, focusing on specific performance and revocation of acceptance.
- Comprehend the Uniform Commercial Code's criteria for accepting goods that do not conform and pursuing financial compensation.