Fact Pattern 11-1
Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual’s investments.

-Refer to Fact Pattern 11-1.Neil's performance is most likely
A)a material breach.
B)a minor breach.
C)Mutual's breach.
D)no breach.

Question

Fact Pattern 11-1 
Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual’s investments.

-Refer to Fact Pattern 11-1.Neil's performance is most likely
A)a material breach.
B)a minor breach.
C)Mutual's breach.
D)no breach.

Quizplus · Accepted Answer

Neil's failure to deliver the goods on the date specified in the contract is a material breach, as it goes to the heart of the agreement and significantly impairs the other party's interest in the contract.