Question

Pressing Music offers to buy from Digital Music Company 100 blank CDs of a certain quality. Without notifying Digital Music Company, Pressing Music timely ships 100 blank CDs of a lower quality. With respect to the offer and a possible contract, this shipment is:

		an acceptance and a breach
		none of these answers
		an acceptance and proper performance
		an acceptance and an accomodation

Answer 1

This shipment will account for Acceptance and a breach as they have expressed acceptance as Bilateral contract by giving a promise to ship, however they have been sending lower quality cd without informing the buyer.

However, if they would have informed the buyer and if the buyer accepts then that could be treated as acceptance and accomodation.

If the seller would have sent the same quality of cd as demanded by the buyer, then it would be treated as acceptance by performance.