...buy monthly shipments of custom jars from Seller. After Seller missed two internal production milestones and told Buyer that its factory was "not sure we can meet the next shipment," Buyer became reasonably insecure abou...
Citations: Cal. Com. Code sec. 2609
Buyer received a commercial espresso machine, inspected it for two days, and then used it in Buyer's cafe for six weeks. Buyer later discovered that one nonessential display light did not work. Buyer notified Seller of t...
Citations: Cal. Com. Code sec. 2606, Cal. Com. Code sec. 2607, Cal. Com. Code sec. 2608
...orefront renovation in good faith. The storefront opened on time, but two cabinet handles were the wrong finish and one small trim piece needed repainting. The defects could be fixed in one afternoon for a small amount c...
Citations: CACI No. 312, Connell v. Higgins
...Consultant's basic proof burden? This question tests the plaintiff's performance or excuse element in breach actions. CACI No. 303
Citations: CACI No. 303
...ivered the complete logo package and offered to credit Client for the two-day delay. Client rejected the delivery solely because it was late. Which statement is most accurate? This question tests late performance where t...
Citations: Cal. Civ. Code sec. 1492
...eded a reliable summer supply for advertised weekend sales. The first two shipments were conforming. In the third shipment, 80 cartons were underripe because a cooling sensor failed during loading. Grower immediately off...
Citations: Cal. Com. Code sec. 2609, Cal. Com. Code sec. 2612
...nce the next morning. After opening, Owner identified three problems: two paint touch-ups behind the reception counter, one cabinet pull that did not match the sample, and a small area of adhesive residue on the floor. C...
Citations: CACI No. 303, CACI No. 312, Connell v. Higgins
...ertified. Unknown to either party, the certification had been revoked two weeks before signing because of a pesticide application by a prior farm manager; the public database had not yet been updated. The purchase agreem...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1567., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1577.
...ntainer trade, "standard pack carton" usually means 24 containers. In two prior contracts between Buyer and Seller, each carton also contained 24 containers. For the first five months, Seller delivered cartons containing...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=1303., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2202.
...l selected Chef because of Chef's "distinctive style and reputation." Two weeks before the festival, Chef accepted a television job and sent Apprentice to perform the work. Hotel objected in writing but allowed Apprentic...
...with the dining room unfinished and the new bar improperly supported. Two replacement contractors submitted bids. One bid proposed a safe repair and completion plan for $190,000. The other bid proposed tearing out all of...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3300., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3358.
USABarPrep Coach