Question

Alais is a clothing fashion designer known for her French style of elaborate heirloom smocking combined with industrial elements. Planning for an upcoming show in Paris on September 26, she orders on September 10 300 yards of a custom reflective material from Rutherford Industries for her seamstresses to hand smock. The supplier promises to deliver the material before September 20, so Alais will have time for her staff to complete the sewing. When the cloth doesn't arrive until the evening of September 21, Alais files a claim for breach against Rutherford. Who prevails?

Answer 1

Answer:

The answer is: Alais will prevail because of material breach of the contract

Explanation:

Material breach in contract law refers to one party failing to perform under the contract significantly enough so that the aggrieved party has the right to sue for breach of contract.

In this case when Rutherford failed to perform, Alais sustained enough "damage" that enables her to sue Rutherford. She probably was no longer able to finish her job in time.