Could World RV’s offer be considered a “conforming delivery” or “substitute” which Brooks and Chris would have to accept?

Seabreeze Bistro is always looking for the freshest seafood for its restaurant. Seabreeze is located in Marin, California. Seabreeze’s manager contacts Seattle Seafood to order some salmon. Th e salmon is located in Seattle Seafood’s warehouse. Seabreeze places an order for 100 pounds of salmon on October 2 for delivery on October 14. What would the delivery terms be if none is expressed between the parties?

 

Brooks and his friend Chris decided to purchase a motorhome together. Th ey specifi cally wanted a motorhome with two air conditioning units located on the roof. When the motorhome arrived, there was only one rooftop air conditioner. Th e seller, World RV Sales off ered to fi x the motorhome by putting on the second unit, but there would be a hole in the roof. Brooks and Chris rejected this solution. Brooks and Chris initially made a $5,000 deposit on the motorhome with the remainder of $45,000 to be paid upon delivery. Could World RV’s off er be considered a “conforming delivery” or “substitute” which Brooks and Chris would have to accept? Discuss the issues involved.

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