Assume That a Car Owner Contracts with a Mechanic to Have

question 11

Multiple Choice

Assume that a car owner contracts with a mechanic to have his engine overhauled.The mechanic mistakenly used original equipment quality piston rings in doing the overhaul,whereas the contract had called for the use of premium-quality rings that are better than original equipment quality.Which of the following is true?

• A) This is a substantial performance,and the owner must still pay something to the mechanic.
• B) This is a material breach,and the owner must still pay something to the mechanic.
• C) This is a substantial performance,and the owner owes nothing to the mechanic.
• D) This is a material breach,and the owner owes nothing to the mechanic.
• E) This is a novation,and the owner owes nothing to the mechanic.

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Definitions:

Incarnating

The act of embodying or representing an idea or deity in a physical form or human flesh.

Unconscious Mind

Part of the mind that is inaccessible to the conscious mind but that affects behavior and emotions.

Karma

(Sanskrit.) The principle that every action bears fruit.

Philosophical Tradition

A historical school of thought or a set of doctrines that shapes the field of philosophy.