Lucy hired Linus to remove wallpaper from her dining room on Thursday. He got mo
ID: 1171374 • Letter: L
Question
Lucy hired Linus to remove wallpaper from her dining room on Thursday. He got most of it off, but couldn't remove one small patch. He came back on Friday with a chemical that dissolved the remaining wallpaper, so that the dining room was completcly clear, although it took a little longer than Linus had promised. How does this affect Lucy's duties under the contract? A. Because Linus's breach was material, Lucy is excused from paying him. B. Because Linus failed to comply with a condition subsequent, Lucy is excused from paying him C.Because Linus substantially performed, Lucy has to pay him, although she can still sue him for whatever damages his breach caused her. D. Linus' subsequent actions do not affect Lucy's duties under the contract.Explanation / Answer
Option C.
Linus has substantially, but not completely, performed, so Lucy has received a benefit and therefore, owes something for the value received. If there has been substantial performance although not complete, Linus has a claim for the unpaid balance and Lucy has a claim only for damages.
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