Resourced Minerals Inc.agrees to deliver ten tons of coal to Static Energy Corporation.The agreement states that delivery is to be within "9" days, although the parties intend "90" days.Resourced Minerals cannot convince Static Energy to amend the contract.Resourced Minerals should seek
A)damages.
B)reformation.
C)rescission.
D)specific performance.

Question

Quizplus · Accepted Answer

Rescission is not appropriate since there is no indication of fraud, mistake, or impossibility. Damages may be a remedy, but reformation is the best choice since it allows the parties to correct the mistake in the writing of the contract and to give effect to their true intentions. Specific performance is not appropriate since it is only available for unique or rare goods or services, and coal is not considered a unique commodity.