Installment because printer substantially performed

Reference no: EM133671221

Question

Teacher owns a school that offers tutoring in writing, and he contracts with Printer for 1,000 brochures with a headline that states, "Writing for Success!" The brochures are to be delivered in shipments of 250 each by no later than the first day of the month for the next four months. When the first shipment arrives promptly on the first, Teacher sees that the headline contains a typographical error, and instead reads "Writing for Succes!" (missing the final "s" in "Success") What is the most accurate statement of Teacher's rights at this point?

• Teacher must accept the installment because Printer substantially performed the contract by getting only one letter wrong on the brochure.

• Teacher can reject the installment because the non-conformity substantially impairs the value of the installment.

• Teacher can cancel the entire contract because the non-conformity substantially impairs the value of both this installment and the 750 brochures that have not yet been printed.

• Teacher can reject the installment because of the perfect tender rule.

Reference no: EM133671221

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