If a Home Builder Promises to Build a House for $100,000

question 27

Multiple Choice

If a home builder promises to build a house for $100,000 but a mudslide destroys the foundation during construction and he must rebuild it,does the preexisting duty rule prevent him from enforcing a contract in which he charges additional money to the homeowner?

• A)Yes because he has a pre-existing duty to build the house.
• B)Yes,because there are no exceptions to the pre-existing duty rule.
• C)No,because there are unforeseen circumstances the mudslide)which necessitate additional work rebuilding the foundation).
• D)No,because of UCC Article 2.
• E)No,because he had no duty to rebuild the house after the mudslide.

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