Fact Pattern 17-B1

question 11

Multiple Choice

Fact Pattern 17-B1
Kip sells an apartment building to Lacy with a promise to repair the roof,which violates the local housing code,within six months.One year later,Kip sends Milo,a carpenter,to fix the roof.Lacy orders Milo to leave and refuses to make further payments to Kip,who files a suit against Lacy.
-Refer to Fact Pattern 17-B1.Kip's late attempt to fix the roof is most likely

• A)a material breach.
• B)complete performance.
• C)excused by Lacy's refusal to make further payments.
• D)substantial,but not complete,performance.

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Definitions:

Usage of Trade

Established practices or methods of dealing regularly observed in a particular industry or trade.

Commercially Impracticable

A condition in contractual agreements indicating that fulfilling the contract has become excessively burdensome or impossible due to unforeseen events.

Perfect Tender Rule

A legal principle requiring the seller to deliver goods in accordance with the terms exactly as specified in the contract, without any deviation.

Commercial Impracticability

A legal doctrine under which a party may be released from a contract when events render performance commercially impracticable.