MBE Sample – Question 7 - Actual
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MBE Sample - Question 7
A sporting goods shop contracted with a publisher to buy, for sale in its store, 1,200 posters featuring a professional golfer. During production, the image of the golfer was inadvertently reversed and the right-handed golfer appeared to be left-handed. When the posters were delivered on the date provided in the contract, the sporting goods shop noticed the discrepancy, which had no provable significant impact on the effectiveness of the poster. In the opinion of the shop management, however, the posters did not look as good as they had in the catalog from which the shop had ordered them.
Is the sporting goods shop legally entitled to reject the posters?
A
No, because the nonconformity does not materially alter the value of the posters to the sporting goods shop.
B
No, because the publisher must be given an opportunity to cure the nonconformity before the sporting goods shop can reject the posters.
C
Yes, because the posters do not conform to the contract.
D
Yes, because the publisher has breached an implied warranty of fitness for a particular purpose.
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