Crucial Exams

Multistate Bar Examination Practice Question

A homeowner hired a contractor to build a custom deck, and the contract specified that the deck must be made from cedar wood. The contractor built the deck on time but used a different type of lumber that is less durable and less valuable than cedar. The homeowner refused to pay the contracting fee. Was the contractor's failure to use cedar wood likely a material breach of the contract?

  • No, because offering compensation for the substitution resolves the issue outside of the contract's material terms.

  • No, because the deck was completed on time and fulfills its functional purpose despite the substitution.

  • Yes, because substituting a less durable and less valuable material reduces the homeowner's expected benefits under the contract.

  • Yes, because altering agreed-upon terms without consent constitutes a material breach.

Multistate Bar Examination
Contracts
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