When one party substantially,but not completely,performs a contract,creating a minor breach,which of the following remedies may the aggrieved party choose?
A) deduct the cost necessary to complete performance from the payment due to the breaching party
B) sue the breaching party for the cost to complete performance
C) rescind the contract.
D) deduct the cost necessary to complete performance from the payment due to the breaching party, sue the breaching party for the cost to complete performance, or rescind the contract
E) deduct the cost necessary to complete performance from the payment due to the breaching party, or sue the breaching party for the cost to complete performance

Question

Quizplus · Accepted Answer

When there is a minor breach of contract, the aggrieved party can choose to deduct the cost necessary to complete performance from the payment due to the breaching party or sue the breaching party for the cost to complete performance. Rescinding the entire contract would be an extreme measure for a minor breach and is generally only appropriate for a major breach of contract. Therefore, the best choice for the aggrieved party in this situation is to choose either option A or B, which allows them to recover for the costs of the minor breach without completely terminating the contract.

When One Party Substantially,but Not Completely,performs a Contract,creating a Minor