Fact Pattern 14-1
Moses sells an apartment building to Noelle with a promise to install a new heating and air conditioning system , before September 1. The following February 1, Moses sends Ollie, an HVAC technician, to begin the installation. Noelle orders Ollie to leave and refuses to make further payments to Moses, who files a suit against Noelle.
-Refer to Fact Pattern 14-1. Noelle's refusal to make further payments is most likely
A) a material breach.
B) complete performance.
C) excused by Moses's failure to timely install the ventilation system.
D) substantial, but not complete, performance.

Question

Fact Pattern 14-1 
Moses sells an apartment building to Noelle with a promise to install a new heating and air conditioning system , before September 1. The following February 1, Moses sends Ollie, an HVAC technician, to begin the installation. Noelle orders Ollie to leave and refuses to make further payments to Moses, who files a suit against Noelle.
-Refer to Fact Pattern 14-1. Noelle's refusal to make further payments is most likely
A) a material breach.
B) complete performance.
C) excused by Moses's failure to timely install the ventilation system.
D) substantial, but not complete, performance.

Quizplus · Accepted Answer

Moses's failure to install the heating and air conditioning system by the promised date of September 1 constitutes a breach of contract, excusing Noelle from making further payments.