Daisy enters into a contract with Evan for the construction of a Fast Food Café, according to a certain schedule. The parties perform some preparatory steps, but Evan materially and willfully fails to begin work on the specified date. To rescind the contract, Daisy must show that the parties can
A) be restored to the status quo.
B) realize at least some of the benefit of their bargain.
C) obtain a reasonable exchange of values for the preparatory steps.
D) profit from the partial performance.

Question

Quizplus · Accepted Answer

Rescinding the contract means that both parties should be restored to their original position before they entered into the contract. Since Evan materially and willfully failed to begin work on the specified date, it's impossible for Daisy to realize any benefit of their bargain or obtain a reasonable exchange of values for the preparatory steps. Additionally, profit from partial performance is not relevant in this scenario. Therefore, the only satisfactory option is to restore the parties to the status quo, and this is the reason why option A is the best choice.

Daisy Enters into a Contract with Evan for the Construction