Question

April Roberts ordered hundred 19-inch color television sets from Carl Soans and requested for a prompt shipment of the goods. Carl promptly shipped fifty 21-inch color television sets and fifty 19-inch color television sets without informing April that the shipment of nonconforming television sets was an accommodation. Which of the following is true?

A. There is no acceptance because Carl's shipment materially differed from the terms of the offer.

B. There is an acceptance and April is bound to pay the reasonable value of the fifty 21-inch television sets she did not ask for.

C. There is an acceptance but Carl has breached the contract by shipping nonconforming television sets.

D. There is a new offer that Carl has made by sending the nonconforming goods which April can accept or reject.

Answer

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