Milt built a barn for the Lowreys, but unintentionally deviated from the agreed specifications. The contract price for Milt's work was $10,500 . The barn is usable, but the damages for his deviation were $700 . Identify the type of breach the courts would probably deem Milt's departure from the contract to be, and discuss the result of this type of breach
The courts would probably hold that the contract was substantially performed, and therefore the Lowreys would only need to pay Milt $9,800 for his work. Although performance was not perfect, it did not defeat the purpose of the contract. If considered a material breach, the Lowreys would not have to pay for the barn, but this would be an unjust forfeiture for Milt. The deviation was not intentional and was probably not quantitatively serious enough to be considered a material breach. The doctrine of substantial performance is important in the construction industry.
You might also like to view...
Adaptive leadership can be most highly contrasted with which other approach?
A. transformational Leadership B. servant Leadership C. trait Approach D. leader Member Exchange
The totals help people make comparisons during analysis
Indicate whether the statement is true or false
In transportation problems, shipments between supply points or between demand points are possible
a. True b. False Indicate whether the statement is true or false
As a company manager for Claimstat Corporation there is a .40 probability that you will be promoted this year. There is a .72 probability that you will get a promotion or a raise. The probability of getting a promotion and a raise is .25
a. If you get a promotion, what is the probability that you will also get a raise? b. What is the probability of getting a raise? c. Are getting a raise and being promoted independent events? Explain using probabilities. d. Are these two events mutually exclusive? Explain using probabilities.