1. the ___ is the performance of the accord contract 2. whether a defendants bre
ID: 2475273 • Letter: 1
Question
1. the ___ is the performance of the accord contract
2. whether a defendants breach in a breach of contract action is intentional or unintentional is irrelevant. this is the plaintiff in a breach of contract action need not prove intent.
28. Lou contracted with Ace Remodelers, Inc. (Ace) for the remodeling of Lou’s Kitchen. The contract required Lou to buy the materials and Ace to perform the carpentry and granite and tile installation.
Lou’s buying of the materials is a:
a) Condition precedent to Ace’s duty to remodel.
b) Condition subsequent to Ace’s duty to remodel.
c) Condition concurrent to Ace’s duty to remodel.
d) None of the above.
29. Same facts as in #28 above, but Tom refuses to buy the materials. In response, Ace refuses to remodel. Tom then hires someone else, but has to pay 1.5 times more than what he promised to pay Ace. Therefore, Tom sues Ace for the difference.
What will be Ace’s response to Tom’s complaint for breach of contract?
a) No breach, compliance.
b) No breach, excuse.
c) No breach, justification.
d) No breach, terminated duty.
e) Okay, we breached, but we don’t owe you as much as you are alleging.
Explanation / Answer
1) The Discharge
28) a)
29) d) No Breach , treminated duty.
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