Fact Pattern 11-1
Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual’s investments.

-Refer to Fact Pattern 11-2.Under the circumstances,with respect to damages,Chris can
A)bring an action immediately.
B)bring an action only after the contract's two-year term begins.
C)bring an action only after the contract's two-year term ends.
D)do nothing.

Question

Fact Pattern 11-1 
Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual’s investments.

-Refer to Fact Pattern 11-2.Under the circumstances,with respect to damages,Chris can
A)bring an action immediately.
B)bring an action only after the contract's two-year term begins.
C)bring an action only after the contract's two-year term ends.
D)do nothing.

Quizplus · Accepted Answer

Chris can bring an action immediately since the seller has breached the contract by delivering nonconforming goods. Chris has suffered damages, i.e., the extra cost incurred in purchasing new goods. Waiting for the contract term to begin or end is not necessary in this case.