LAW Essay Example | Topics and Well Written Essays - 250 words

LAW - Essay Example Therefore, Grapes & Vines Winery could have delivered the wine anytime before May 1, as the contract did not limit their duty to perform only on May 1. However, they chose to do it in the last possible day – May 1. The fact that the delivery van was involved in an accident does not constitute an objective impediment to performing the contract (destruction of the subject matter of the contract cannot be used as an excuse in this case), as the winery most certainly had in stock enough bottles of wine to deliver them later that day to Elin. This is a certain fact, as the bottles were delivered in the afternoon of May 2. Moreover, immediately after the accident, the company should have called Elin and ask her if she would agree to a delivery of the bottles later that day or maybe on May 2. This would have solved the problem and avoid the unpleasant situation. Therefore, the Court should discharge the contract due to its material alteration and failure to substantially perform on b ehalf of the plaintiff (Grapes & Vines Winery). In this case, Elin’s contractual obligations would be also discharged and her not accepting the plaintiff’s tender later than the due date should not be considered as breach of contract. 2. I believe that in this case, time is not of the essence of the contract.