Q&A Hero

Question

______ is a middle ground between full performance and a breach due to nonperformance.

A. Inadequate performance

B. Substantial performance

C. Release of performance

D. Waiver of performance

E. Divisibility of performance

Answer: B

Feedback: Substantial performance is a middle ground between full performance and a breach due to nonperformance. Substantial performance is much more than some performance. It is even greater than significant performance.

58. Jessica hires ChromaLite Builders Corp. to construct a house. The contract specifies that grade A+ carpeting is to be installed on the entire second floor. ChromaLite Builders accidentally installs grade A carpeting instead. Few people, except for carpeting experts, can tell the difference. Jessica, however, refuses to pay for the construction citing that ChromaLite Builders has breached the contract. Which of the following statements is true in this scenario?

A. The courts are likely to consider ChromaLite Builderss performance as complete performance, and Jessica will have to pay the full amount to ChromaLite Builders.

B. Jessica can claim a breach of contract and refuse to pay ChromaLite Builders for the construction of the house.

C. The courts are likely to consider ChromaLite Builderss performance as a substantial performance, and Jessica would be entitled to monetary damages.

D. Jessica has materially breached the contract by refusing to pay ChromaLite Builders; hence, she cannot sue ChromaLite Builders for the use of low-grade carpeting.

E. The courts are likely to declare that ChromaLite Builders has materially breached the contract and will ask Jessica to pay exactly half the cost originally mentioned in the contract.

Answer

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