Crucial Exams

Multistate Bar Examination Practice Question

A homeowner entered into a contract with a contractor to renovate their kitchen. The contract required the homeowner to secure a necessary zoning permit before the contractor’s obligation to begin work would arise. The homeowner applied for the permit but was denied due to unforeseen changes in zoning laws. The homeowner now asserts that the contractor is still obligated to perform under the contract. How should the contractor respond?

  • The contractor must perform because unforeseen zoning changes are not addressed in the contract.

  • The contractor must perform, but the homeowner must indemnify the contractor for any zoning violations that occur.

  • The contractor is excused from performance because the homeowner failed to fulfill a condition precedent.

  • The contractor is excused from performance because the zoning law changes make the contract illegal.

Multistate Bar Examination
Contracts
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