Ch 16 Discussion 2

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Q Fallon agreed in writing to purchase a used truck from Moonlit Motors with the understanding that a snowplow attachment would 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. Moonlit protested that the plow attachment was being shipped from Minnesota and that it would be installed when it arrived. Moonlit demanded that Fallon accept the truck. Can Fallon refuse rightfully? Is this a condition precedent? Is the contract enforceable?

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I think that in this situation, Fallon can refuse rightfully. This is because of the fact that Fallon had expected the addition of the attachment of the snowplow as had been promised by Moonlit before the delivery of the truck to Fallon. Therefore, it is well within the rights of Fallon to refuse the delivery of the truck from Moonlit rightfully.

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