Fact Pattern 17-B1
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 17-B1.Lacy's refusal to make further payments is most likely
A)a material breach.
B)complete performance.
C)excused by Kip's failure to fix the roof.
D)substantial,but not complete,performance.

Question

Fact Pattern 17-B1 
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 17-B1.Lacy's refusal to make further payments is most likely
A)a material breach.
B)complete performance.
C)excused by Kip's failure to fix the roof.
D)substantial,but not complete,performance.

Quizplus · Accepted Answer

Kip's failure to repair the roof within the promised time frame constitutes a breach of contract, excusing Lacy from making further payments.