Substantial Performance Self-Quiz

 

 

 

 

 

 

 

Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that they will paint the front door purple. In return, Howard will pay the company $10,000 for the job. The company paints the house white with blue trim but they paint the front door green. When Howard sees the green door, he refuses to pay the $10,000 contract price. If the Company sues Howard for breach of contract, they will probably:
Choice 1 Lose, because the contract called for the door to be painted purple
Choice 2 Lose, because perfect performance is an implied condition in the contract
Choice 3 Win, because the color of the door was not a material term of the contract
Choice 4 Win, because they substantially performed
Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that they will paint the front door purple. In return, Howard will pay the Company $10,000 for the job. The company paints the house red with white trim and they paint the front door orange. When Howard sees the house, he refuses to pay the $10,000 contract price. If the Company sues Howard for breach of contract, they will probably:
Choice 1 Lose, because their imperfect performance cannot be considered substantial
Choice 2 Lose, because perfect performance is an implied condition in the contract
Choice 3 Win, because color was not a material term of the contract
Choice 4 Win, because they substantially performed
Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that they will paint the front door purple. In return, Howard will pay the company $10,000 for the job. The contract also states that the company will be in breach of the contract if they deviate at all from the other terms laid out in the contract. The company paints the house white with blue trim but they paint the front door green. When Howard sees the green door, he refuses to pay the $10,000 contract price. If the company sues Howard for breach of contract, they will probably:
Choice 1 Lose, because the contract called for the door to be painted purple
Choice 2 Lose, because perfect performance is an express condition in the contract
Choice 3 Win, because the color of the door was not a material term of the contract
Choice 4 Win, because they substantially performed
Ben and Jerry enter into a contract with Moo Juice under which, Moo Juice will ship Ben and Jerry ten thousand gallons of 2% milk on May 1st, and Ben and Jerry will pay $1 per gallon for the milk. On May 1st, Moo Juice delivers ten thousand gallons of 1% milk to Ben and Jerry. Ben and Jerry refuse to accept and pay for the milk. If Moo Juice sues for breach of contract and argues that they substantially performed because there is only a slight difference between 2% milk and 1% milk, they will probably:
Choice 1 Win, because the difference in products is slight
Choice 2 Win, because Ben and Jerry have received the majority of the bargained for benefits they were expecting
Choice 3 Lose, because perfect tender is required for contracts governed by the U.C.C.
Choice 4 Lose, because Ben and Jerry’s ice cream recipes call for 2% milk
Ben and Jerry enter into a contract with Moo Juice under which, Moo Juice will ship Ben and Jerry ten thousand gallons of 2% milk on May 1st, and Ben and Jerry will pay $1 per gallon for the milk. On April 15th, Moo Juice accidentally delivers ten thousand gallons of 1% milk to Ben and Jerry. Ben and Jerry refuse to accept and pay for the milk. Realizing their mistake, Moo Juice immediately contacts Ben and Jerry and tells them that they will send out the correct order by May 1st. On May 1st, Moo Juice delivers ten thousand gallons of 2% milk to Ben and Jerry but, again, Ben and Jerry refuse to accept and pay for the order. If Moo Juice sues for breach of contract, they will probably:
Choice 1 Win, because they cured their imperfect tender
Choice 2 Win, because the grade of milk delivered to Ben and Jerry was not a material term of the contract
Choice 3 Lose, because perfect tender is required for contracts governed by the U.C.C.
Choice 4 Lose, because the first delivery was a breach which rendered the contract void
Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that they will paint the front door purple. In return, Howard will pay the company $10,000 for the job. The company paints the house white with blue trim but they paint the front door green. Howard pays the company the $10,000 contract price and then pays another painter $1,000 to paint the door purple. He then sues the company for damages. If Howard wins, he will recover:
Choice 1 The full $10,000 he has paid the company
Choice 2 $5,000 which is half of the contract price
Choice 3 The $1,000 cost of repainting the door
Choice 4 Nothing

Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and that they will paint the front door purple. In return, Howard will pay the company $10,000 for the job. The company paints the house red with white trim and they paint the front door orange. The cost of stripping the house and repainting it will be $30,000. Further, an appraiser informs Howard that had he gotten the paint job he wanted, his house would be worth $250,000. As it is, the house is worth $200,000. If Howard sues the Company for breach of contract, he will recover:
Choice 1 The $10,000 contract price
Choice 2 The $30,000 cost of stripping and repainting the house
Choice 3 The $50,000 difference in the value of the house as it is and the value of the house had the Company conformed to the contract
Choice 4 Nothing

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