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 15-2.Neil's performance is most likely
A)a material breach.
B)a minor breach.
C)Mutual's breach.
D)no breach.

Question

Quizplus · Accepted Answer

Kip made a promise to repair the roof within six months, which violated the local housing code. However, one year later, Kip sent a carpenter to fix the roof. This is a delay of six months beyond the promise. Therefore, Kip's delay in fulfilling the promise is a material breach, which allows Lacy to terminate the contract and refuse to make further payments to Kip. Thus, Neil's (or Kip's) performance is considered a material breach.

Kip Sells an Apartment Building to Lacy with a Promise