Question

ReQwest LLC agrees to sell one hundred servers to Social Media Netqorks, Inc. The servers, which Social Media Networks expressly requires to have certain amounts of memory, are to be shipped "F.O.B. Social Media Networks distribution center in Tampa, FL." When the servers arrive, Social Media Network rejects them and informs ReQwest, claiming that the servers do not conform to Social Media networks' memory requirement. A few hours later, the servers are sestroyed in a fire at Socail Media Networks' distribution center. Will ReQwest succedd in a suit against Social Media Network for the cost of the goods?

Answer 1

ReQwest may not succeed in a suit against Social Media Network for the cost of goods. In this case, ReQwest shipped servers which did not meet the memory requirement criteria previously requested for by Social Media Inc.

Here, ReQwest was at fault for ignoring to honor the server memory requirement of Social Media Networks Inc. If ReQwest had paid heed to the server memory, explicitly requested for by Social Media Networks Inc, they should not have shipped the servers which did not meet the memory criteria. ReQwest is clearly at fault for violating the customer request and shipping the product nonetheless. As a result of which, they may not succeed in a suit against Social Media Networks Inc.