Reference no: EM132156817
You decide to start your own business. You've mastered the art of 3-D printing, and plan to produce custom decorative accessories for things like banquets and weddings, specializing in table toppers.
Your business is going great, and you just landed a big customer - a local hotel. They order 50 plastic red-rose flower bouquets for a big wedding event, and need them by June 1. You and your staff start work, and have everything ready to go by May 30. Your contract with the hotel says that you will deliver the bouquets to the hotel on June 1 before noon. Your delivery van driver calls you at noon on June 1 and tells you that the hotel catering office and banquet room are not open yet and won't be open until 2:00 PM. Your delivery driver is booked for the remainder of the day and can't return to the hotel later. You tell him to leave a message for the catering office that the bouquets will be available at your production facility until 5:00 that day for them to pick up. No one ever picks them up, and when you send the hotel a bill, the hotel claims you failed to deliver and refuses to pay.
Who will win the lawsuit when you sue for the price of the bouquets? Why?
What if the hotel was a regular customer, and you usually just dropped the bouquets off at the hotel front desk when the catering office is closed? Would that affect whether you properly tendered delivery? Explain.
What if the hotel tries to pick up the bouquets at your facility, but claims that the bouquets don't look real enough and rejects them. Who will win the lawsuit when you sue them to pay? Why?