Bob's pet store opening went so well that he decided to specialize in Black Labrador retrievers. He also decided to switch breeders. Bob entered into a contract with Dan, the Dog Man, to buy 100 Black Labrador retriever male puppies. The terms of the contract were as follows:
Ten puppies were to be delivered to Bob each Friday morning by 10:00 a.m. for the next ten weeks;
Each puppy was to have original American Kennel Club papers certifying that it is a pure bred Black Labrador retriever;
Payment was due 30 days after delivery; and
Each puppy costs $400.00.
Bob and Dan signed the agreement.
On the first Friday after the contract was signed, Dan delivered ten black lab puppies with AKC papers. Bob accepted delivery, inspected the dogs, and put them on sale. Since Bob was paying $400.00 for each puppy, he had to sell them for $1000.00. Bob only sold four puppies that first week.
On the second Friday, Dan brought ten more puppies. Bob inspected them and found two females and two puppies that were sickly. Bob rejected all ten puppies. That week, Bob did not sell any puppies so he still had six in stock.
On the third Friday, Dan brought ten more puppies. Bob inspected them and all were healthy males but Dan only had AKC papers for eight of the dogs. Bob accepted the eight with papers and rejected the two without. Bob did not sell any dogs that week so he had 14 dogs, which were more than he could handle.
On Friday of week four, Dan brought ten more healthy male puppies, each of which had AKC papers. However, Dan did not arrive at Bob's shop until 1:00 p.m. in the afternoon. Bob rejected the entire group and claimed that Dan had breached the contract by delivering female dogs, unhealthy dogs, dogs without papers, and being late with his delivery. Bob told Dan not to deliver any more dogs. Bob also refused to pay for the puppies that had been delivered.
Did Dan breach the contract: YES or NO and Explain why
If yes, was the breach material or minor? Explain why
Did Bob breach the contract: YES or NO and Explain why
If yes, was the breach material or minor? Explain why
Repeat for Week 2, 3 and 4, in the same format; do not attempt to combine weeks or parties.
Based on your answers to these questions for weeks 1 through 4, What are Bob's rights? What are Dan's rights?