Ellen contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vines Winery for $1,200. The contract states that delivery is to be made at Ellen's residence "on or before May 1, to be used for daughter's wedding reception on May 2." On May 1, Grapes & Vines's delivery van is involved in an accident, no wine is delivered that day, and no one from Grapes & Vines tells Ellen. On the morning of May 2, Ellen buys the wine from Happy Hill Winery. That afternoon, just before the reception, Grapes & Vines tenders delivery of the wine at Ellen's residence. Elin refuses tender. Grapes & Vines sues Elin for breach of contract. How is the court most likely to rule?

Question

Ayla Dixon

Business

23 November, 05:07

Ellen contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vines Winery for $1,200. The contract states that delivery is to be made at Ellen's residence "on or before May 1, to be used for daughter's wedding reception on May 2." On May 1, Grapes & Vines's delivery van is involved in an accident, no wine is delivered that day, and no one from Grapes & Vines tells Ellen. On the morning of May 2, Ellen buys the wine from Happy Hill Winery. That afternoon, just before the reception, Grapes & Vines tenders delivery of the wine at Ellen's residence. Elin refuses tender. Grapes & Vines sues Elin for breach of contract. How is the court most likely to rule?

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Humberto Wyatt · Answer 1

Since the delivery is being attempted after the date of the contract, it is Grapes & Vines breaching the contract. Grapes & Vines's failure to deliver on May 1 and its failure to inform Ellen of the delays a material breach releasing her from any liability under the contract. The court will most likely rule that not only has Ellen not broken the contract, that Grapes & Vines must pay her court costs due to the frivolous nature of the lawsuit.