合同与履行第 805 / 1605 题
A material breach of contract is best described as a failure to perform that:
a.Goes to the essence of the contract and substantially defeats its purpose, excusing the other party's further performance
b.Occurs only when a party abandons the job entirely
c.Can never entitle the injured party to damages
d.Involves any trivial deviation from the plans
解析
A material breach is a serious failure that goes to the heart of the bargain and substantially deprives the injured party of what was reasonably expected. It excuses the non-breaching party from further performance and allows a suit for damages. A trivial or immaterial deviation is only a minor breach that entitles the injured party to damages but does not excuse their own performance. Abandonment is one example of material breach, but not the only one.
免费刷完整 1605 道题库 — 无需注册。
同考点相关题目
- Which of the following contracts is LEAST likely to be required in writing under the Statute of Frauds?
- A landowner orally promises to sell a vacant lot to a contractor, and both shake hands. When the landowner backs out, the contractor sues to enforce the oral sale. The strongest defense the landowner has is:
- The main purpose of the Statute of Frauds is to:
- The primary goal of compensatory ('expectation') damages for breach of a construction contract is to:
- After a contractor breaches, the owner has a legal 'duty to mitigate' damages, which means the owner must:
- A general contractor unequivocally tells the owner two weeks before the start date, 'We will not be doing your project at all.' This statement is an example of: