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:
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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:
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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:
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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:
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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:
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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:
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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:
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