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Eve’s Pastries & Pies contracts with Fruits 2 You, Inc., for strawberries to be delivered by Kool Refrigerated Trucking. On the day of delivery, the refrigeration on Kool’s trucks is not working. Fruits 2 You

a. may ship the strawberries to Eve’s using a different carrier.
b. must cancel the contract.
c. must wait to ship the strawberries until Kool has fixed its trucks.
d. must ship the goods through a different carrier and pay Eve damages

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Answer:

a. may ship the strawberries to Eve’s using a different carrier.

Explanation:

Since a transport malfunction has occurred, Fruits 2 You has to find a feasible way to do what was concluded in the contract in the first place. Since it is still possible to ship the strawberries (goods) using a different carrier, contract termination is the last resort when tackling these issues. Although certain losses would emerge, it is still suggested to fulfill the contract.

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