Changed Circumstances: Impracticality Self-Quiz

 

 

 

 

 

 

 

On May 1st, Howard and College Painters, Inc. enter into a contract under which College Painters will paint Howard’s house and Howard will pay the company $10,000. Howard specifies in the contract that he wants Dutchman brand Grade A light blue paint used on his house and nothing else. The contract calls for the work to begin on May 15th and conclude on May 30th. On May 8th, the federal government bans the use of Dutchman Grade A light blue paint because of high levels of lead in the paint. When May 15th comes around, the company does not begin working and Howard sues for breach of contract. Howard will win:
True
False
On May 1st, Howard and College Painters, Inc. enter into a contract under which College Painters will paint Howard’s house and Howard will pay the company $10,000. The contract calls for the work to begin on May 15th and conclude on May 30th. On May 8th, Howard’s house is struck by lightning in a storm and burns down. On May 15th, the company comes to begin work but is unable to because the house has been destroyed. The company demands to get paid anyway and Howard refuses. If the company sues Howard for breach, Howard will win:
True
False
Howard commissions the Lyons construction company to build him a house. Under the contract, Howard will pay Lyons $1 million and Lyons will build the house exactly according to Howard’s specifications. Lyons has completed 75% of the house when it is struck by lightning during a storm and burns down. Howard demands that Lyons rebuild the house and Lyons demands to be paid for the work he has already done before he begins rebuilding. Howard refuses to pay Lyons anything and sues Lyons for breach. Howard will probably:
Choice 1 Win his suit for damages and have to pay for the work already done
Choice 2 Win his suit for damages but not have to pay for the work already done
Choice 3 Lose his suit for damages and have to pay for the work already done
Choice 4 Lose his suit for damages but not have to pay for the work already done
Howard commissions the Lyons construction company to do extensive repairs on the wiring, plumbing and shingling of his house. Under the contract, Howard will pay Lyons $100,000 for the repair work. Lyons has completed 75% of the repairs when the house is struck by lightning during a storm and burns down. Because Lyons never finished the repairs, Howard refuses to pay Lyons anything. Lyons sues Howard for breach of contract. Howard will probably:
Choice 1 Win and not have to pay Lyons anything
Choice 2 Win but have to pay for the supplies Lyons used
Choice 3 Lose and have to pay the full $100,000
Choice 4 Lose and have to pay for the work that Lyons did before the house was destroyed
Howard commissions the Lyons construction company to build him a house. Under the contract, Howard will pay Lyons $1 million and Lyons will build the house exactly according to Howard’s specifications. One week before Lyons is supposed to start work, he falls off a scaffolding and is severely injured. After several months, Lyons recovers and signs a contract to work on a different house. Lyons contacts Howard and informs him that he will not be able to build a house for him. If Howard sues Lyons for breach, Howard will probably:
Choice 1 Win, because Lyon’s incapacitation was only temporary and building Howard’s house does not impose any hardships on either him or Howard
Choice 2 Win because he held the job open for Lyons
Choice 3 Lose because he could have hired another contractor
Choice 4 Lose because the contract is automatically voided if it is not performed within a reasonable time
Howard commissions the Lyons construction company to build him a house. Lyons calculates that, between labor and supply costs, it will cost $700,000 to build the house. Under the contract, Howard agrees to pay Lyons $1 million and Lyons will build the house exactly according to Howard’s specifications. One week before Lyons is supposed to start work, he falls off a scaffolding and is severely injured. After several months, Lyons recovers. However, by this time, supply costs have increased to the point where building Howard’s house will cost $1.2 million. Lyons contacts Howard and informs him that he will not be able to build a house for him. If Howard sues Lyons for breach, Howard will probably:
Choice 1 Win, because Lyon’s incapacitation was only temporary
Choice 2 Win because he held the job open for Lyons
Choice 3 Lose because he could have hired another contractor
Choice 4 Lose because building the house would constitute an undue burden on Lyons

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