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Fallon agreed in writing to purchase a used truck from Sunset Motors with the understanding that a snowplow attachment be added. When Fallon attempted to take delivery of the truck, he found that the plow attachment had not been added. He refused to accept delivery. Sunset protested that the plow attachment was being shipped from Minnesota and that it wold be installed when it arrived. Sunset demanded that Fallon accept the truck.

My question yes or no

1. Can Fallon legally refuse to accept the truck?

2. Is this an example of condition precedent?

3. Is the contract enforceable?

2007-07-19 16:57:15 · 2 answers · asked by Girl Trump 1 in Politics & Government Law & Ethics

2 answers

So, now you’re asking your questions under another name. Before you were asking them as Amber. So, here’s the same response I gave you when you were Amber:

You keep asking these types of questions, and they look suspiciously like homework questions, so I assume you’re taking a contract law class. What in the world are you doing seeking answers on Yahoo? Do you really think you’re going to get a correct response? You might, but then you might not, because I see a lot of legally incorrect answers on here. Might I suggest that you *read your textbook*?

2007-07-19 17:16:07 · answer #1 · answered by kp 7 · 2 1

1. Yes.
2. Not exactly, but it is similar. Fallon didn't get what he contracted for. If Fallon had a condition precedent, that condition would have to be fulfilled BEFORE the contract could take effect. A great example is between buyers and sellers of property. The buyer must secure a mortgage, as a condition precedent, to be able to make the transaction (complete the contract).
3. Probably. Consult the Uniform Commercial Code, Article 2.

2007-07-20 00:18:22 · answer #2 · answered by cyanne2ak 7 · 0 1

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