George Edwards has just bought a brand new furnace from Henry's Furnace Company.Towards the end of the installation of the furnace,a piece of piping falls on the furnace and scratches one side of it.Because of the scratch,George does not want to pay for the furnace.In a lawsuit by Henry's Furnace Company for payment
A)George will successfully defend the lawsuit because the scratch is a major breach and terminates the contract.
B)George will successfully defend the action because a brand new furnace is not the same as a scratched furnace.
C)George will successfully defend the lawsuit because the scratch fundamentally changed the contract.
D)George will lose the lawsuit because the scratch is a minor breach of the contract.
E)George will lose the lawsuit because he already provided a post-dated cheque for the full amount of the furnace.

Question

Quizplus · Accepted Answer

The scratch on the furnace is a minor breach of the contract as it does not fundamentally change the nature of the product or the agreement between the parties. Therefore, George cannot avoid paying for the furnace based on this minor issue.

George Edwards Has Just Bought a Brand New Furnace from Henry's