If the performance promised by a party is clearly inferior to the requirements of the contract, there has been:
A) substantial performance
B) a material breach of the contract
C) an immaterial breach of the contract
D) a and c
E) none of the other choices

Question

Quizplus · Accepted Answer

When the promised performance is clearly inferior to the requirements of the contract, it is considered a material breach of the contract. This means that the breach is significant and goes to the heart of the agreement, and as a result, the non-breaching party can terminate the contract and seek damages. Substantial performance refers to a situation where there are minor defects or deviations from the contract, but the overall performance is in line with the requirements. An immaterial breach refers to a situation where there are minor deviations that do not affect the overall performance of the contract. Therefore, options A, C, and D are not applicable in this scenario.

If the Performance Promised by a Party Is Clearly Inferior