Crucial Exams

Multistate Bar Examination Practice Question

A contractor and a homeowner entered into a written agreement for the construction of a custom deck. The contractor began construction but used wood of a lower grade than specified in the contract. The homeowner noticed the issue before construction was completed and demanded that the specified wood grade be used going forward, but the contractor refused, claiming it would be too expensive. The homeowner immediately hired a new contractor to finish the deck and sued the original contractor for breach. Is the original contractor’s actions best characterized as a material breach or a partial breach?

  • The original contractor’s actions constituted a partial breach because the homeowner was still able to achieve partial performance of the contract with the lower-grade wood.

  • The original contractor’s actions constituted a material breach because the contractor’s refusal to cure the defect undermined the contract’s purpose and justified the homeowner’s decision to terminate.

  • The original contractor’s actions did not constitute a breach because the contractor substantially complied with the terms of the contract.

Multistate Bar Examination
Contracts
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