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Buyer D agrees a contract with Supplier C which includes the words 'to be agreed'...

Buyer D agrees a contract with Supplier C which includes the words 'to be agreed' in relation to the date for delivery of the goods. At the time of the contract, Buyer D is aware that the goods take two days to produce and one day to deliver. Buyer D contacts the supplier one week later, requesting the goods be delivered the following day. Supplier C is unable to deliver the next day but rather delivers the goods three days later. Is it the case that Buyer D can legally refuse to pay for the goods because Supplier C is in breach of contract?

A.

Yes, because the delivery date is an express term within the contract

B.

Yes, because the goods should have been delivered within three days

C.

No, because the goods were delivered within a reasonable time

D.

No, because there is a contract in place and the delivery date does not matter

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