Jefferson Hardware ordered 300 Ram hammers from Ajax Hardware. Ajax accepted the order in writing. On the final date allowed for delivery, Ajax discovered it did not have enough Ram hammers to fill the order. Instead, Ajax sent 300 Strong hammers. Ajax stated on the invoice that the shipment was sent only as an accommodation. Which of the following statements is correct?
A.
Ajax’s note of accommodation cancels the contract between Jefferson and Ajax.
B.
Jefferson’s order can only be accepted by Ajax’s shipment of the goods ordered.
Correct C.
Ajax’s shipment of Strong hammers is a breach of contract.
Incorrect D.
Ajax’s shipment of Strong hammers is a counteroffer and no contract exists between Jefferson and Ajax.
According to Becker r6-29 an exception exists called notice of accommodation.
Edit: I just read the pass key lol how tricky!!! This exception only applies when shipment is used as a means of acceptance. If a party already accepts an order by promising to ship then they discover they don't have the correct goods and ship “as accommodation” it's breach.