GFI, Inc., a Hong Kong company, makes audio decoder chips, one of the essential components used in the manufacture of MP3 players. Egan Electronics contracts with GFI to buy 10,000 chips on an installment contract, with 2,500 chips to be shipped every three months, F.O.B. Hong Kong via Air Express. At the time for the first delivery, GFI delivers only 2,400 chips but explains to Egan that even though the shipment is 4 percent short, the chips are of a higher quality than those specified in the contract and are worth 5 percent more than the contract price. Egan accepts the shipment and pays GFI the contract price. At the time for the second shipment, GEl makes a shipment identical to the first. Egan again accepts and pays for the chips. At the time for the third shipment, GFI ships 2,400 of the same chips, but this time GFI sends them via Hong

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GFI, Inc., a Hong Kong company, makes audio decoder chips, one of the essential
components used in the manufacture of MP3 players. Egan Electronics contracts with
GFI to buy 10,000 chips on an installment contract, with 2,500 chips to be shipped
every three months, F.O.B. Hong Kong via Air Express. At the time for the first delivery,
GFI delivers only 2,400 chips but explains to Egan that even though the shipment is 4
percent short, the chips are of a higher quality than those specified in the contract and
are worth 5 percent more than the contract price. Egan accepts the shipment and pays
GFI the contract price. At the time for the second shipment, GFI makes a shipment
identical to the first. Egan again accepts and pays for the chips. At the time for the third
shipment, GFI ships 2,400 of the same chips, but this time GFI sends them via Hong
Kong Air instead of Air Express. While in transit, the chips are destroyed. When it is
time for the fourth shipment, GFI again sends 2,400 chips, but this time Egan rejects the
chips without explanation.
1) Did GFI have a legitimate reason to expect that Egan would accept the fourth
shipment? Why or why not?
2) Does the substitution of carriers for the third shipment constitute a breach of the
contract by GFI? Explain.
3) Suppose that the silicon used for the chips becomes unavailable for a period of
time and that GFI cannot manufacture enough chips to fulfill the contract but
does ship as many as it can to Egan. Under what doctrine might a court release
GFI from further performance of the contract?
4) Under the UCC, does Egan have a right to reject the fourth shipment? Why or
why not?
Transcribed Image Text:GFI, Inc., a Hong Kong company, makes audio decoder chips, one of the essential components used in the manufacture of MP3 players. Egan Electronics contracts with GFI to buy 10,000 chips on an installment contract, with 2,500 chips to be shipped every three months, F.O.B. Hong Kong via Air Express. At the time for the first delivery, GFI delivers only 2,400 chips but explains to Egan that even though the shipment is 4 percent short, the chips are of a higher quality than those specified in the contract and are worth 5 percent more than the contract price. Egan accepts the shipment and pays GFI the contract price. At the time for the second shipment, GFI makes a shipment identical to the first. Egan again accepts and pays for the chips. At the time for the third shipment, GFI ships 2,400 of the same chips, but this time GFI sends them via Hong Kong Air instead of Air Express. While in transit, the chips are destroyed. When it is time for the fourth shipment, GFI again sends 2,400 chips, but this time Egan rejects the chips without explanation. 1) Did GFI have a legitimate reason to expect that Egan would accept the fourth shipment? Why or why not? 2) Does the substitution of carriers for the third shipment constitute a breach of the contract by GFI? Explain. 3) Suppose that the silicon used for the chips becomes unavailable for a period of time and that GFI cannot manufacture enough chips to fulfill the contract but does ship as many as it can to Egan. Under what doctrine might a court release GFI from further performance of the contract? 4) Under the UCC, does Egan have a right to reject the fourth shipment? Why or why not?
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