Fact Pattern 18-B1 (Questions B9-B10 apply)
Moses sells an apartment building to Noelle with a promise to install a new heating and air conditioning system before September 1.The following February 1,Moses sends Ollie,an HVAC technician,to begin the installation.Noelle orders Ollie to leave and refuses to make further payments to Moses,who files a suit against Noelle.
-Refer to Fact Pattern 18-B1.Moses's late attempt to install the ventilation system is most likely
A)a material breach.
B)complete performance.
C)excused by Noelle's refusal to make further payments.
D)substantial,but not complete,performance.

Question

Quizplus · Accepted Answer

Moses's late attempt to install the ventilation system is a material breach as he did not fulfill his promise to Noelle within the agreed timeframe. This breach is significant enough to excuse Noelle's refusal to make further payments and could potentially give her a right to terminate the contract.

Fact Pattern 18-B1 (Questions B9-B10 Apply)