Ahardware store ordered 200 cans of wood stain in various shades. the written contract between the store and manufacturer provided that 100 cans of stain would be delivered on april 30, and the remaining 100 cans would be delivered on june 30. payment would be due at the time of each delivery. the first shipment arrived on april 30. sales of the stain were brisk, but 25 customers almost immediately returned their stain, complaining that it was not the color indicated on the can. the store owner called the manufacturer and informed it of the problem. the manufacturer truthfully told the owner that they had had a small problem with their labeling machine and a few cans in the store owner's lot must have been mislabeled before they caught the problem. the manufacturer offered to replace all 100 cans from the original order. the store owner refused the offer and told the manufacturer not to deliver the second lot, because he could no longer trust the manufacturer. the owner was very sensitive to the hardware store's good reputation, which he felt was harmed by this incident. if the manufacturer brings a claim of breach regarding the second shipment which was due on june 30, how will the court likely rule? a the buyer had the right to cancel the second shipment, because of legitimate fears that it would contain the same defects as the first shipment. b the buyer had the right to cancel the second shipment, because the first delivery was defective. c the buyer did not have the right to cancel the second shipment, because the defects in the first shipment did not substantially impair the value of the entire contract. d the buyer did not have the right to cancel the second shipment, because he failed to make a demand upon the manufacturer for adequate assurances that the second shipment would be free of defects.

c. The buyer did not have the right to cancel the second shipment, because the defects in the first shipment did not substantially impair the value of the entire contract.                  

Explanation:

            In this case, it involves the installment contract. It means that the contract requires deliveries in two different lots and also sale of the goods. Therefore under the Article 2 of the Uniform Commercial Code,  the buyer may wish to declare  total breach of the installment contract, if the defects substantially impairs the entire contract's value.

            In the context, the manufacturer corrected the first defected shipment of stain. The manufacturer offered to cure the defective first shipment to the hardware owner. Thus the first shipment's defect in stain does not impair the whole contract's value.

Hence the correct option is (c).

true

clearcutting reproduces a new even-aged stand by completely removing the mature stand.

clearcutting as a silvicultural treatment has several characteristics:

it causes a sudden environmental change

it removes the seed source from the regeneration area

the configuration of the clearcut may affect seed dispersal

it begins a new rotation

it will eliminate some pests that require forest cover

overall, it temporarily removes the forest cover, transforming the forest community and environment.

clearcutting followed by artificial (seeded or planted) regeneration has several advantages:

we can avoid delay in restocking the site

we can introduce a selected species, seed source, and genotype

we can control arrangement and spacing

we can achieve uniformity in the new stand

we can overcome the problems associated with securing sufficient natural regeneration.

the shelterwood method involves the removal of most of the mature stand at the end of the rotation, but a portion of the mature stand is left standing.   the shelterwood method serves three basic purposes:

to prepare the stand for production of abundant seed

to modify the environment in a way that promotes germination and survival of the selected species

to build up the amount and size of advance regeneration to ensure the prompt restocking of the new stand following overstory removal.

the shelterwood method involves a sequence of 3 cuttings:

preparatory cuttings: make the seed trees more vigorous and set the stage for regeneration. see our thinning page for more information.

establishment/seed cuttings: open up enough vacant growing space to allow establishment of the new regeneration.

removal cuttings: uncover the new crop to allow it to fill the growing space.

the residual trees in the shelterwood must:

be sturdy and windfirm

be able to survive exposure

flower and reproduce seed

be the best trees of the mature stand

keep in mind that the shelter trees must not occupy the entire site.   a void must be created in order to make room for the new regeneration. the amount of shelter to leave will depend on the following factors:

species characteristics (seeding and shelter requirements)

the number of cuttings in the cutting sequence (1, 2, or 3)

landowner objectives

the size of the area to be regenerated

the final removal harvest level required to be profitable

the shelter must be removed before it impedes the growth of the new stand or threatens its survival.