Carol and Bob enter into a contract for Bob to perform waste management services for Carol's commercial properties. Later, Bob alters a material term-increases the price-without Carol's knowledge or consent. She
A) can alter a material term, such as the payment date, without Bob's consent.
B) can treat the contract as discharged.
C) must adapt her performance accordingly.
D) must determine whether Bob's alteration constitutes substantial performance.

Question

Carol and Bob enter into a contract for Bob to perform waste management services for Carol's commercial properties. Later, Bob alters a material term-increases the price-without Carol's knowledge or consent. She​
A) ​can alter a material term, such as the payment date, without Bob's consent.
B) ​can treat the contract as discharged.
C) ​must adapt her performance accordingly.
D) ​must determine whether Bob's alteration constitutes substantial performance.

Quizplus · Accepted Answer

When Bob alters a material term of the contract without Carol's knowledge or consent, she has the option to treat the contract as discharged. This means that she can consider the contract void and look for a new waste management services provider. This is because Bob has breached the original contract by changing a significant term without her agreement. Carol is not obligated to adapt her performance to the new terms, nor can she unilaterally alter a material term without Bob's consent. Additionally, determining whether the alteration constitutes substantial performance is not relevant in this case because the contract has already been breached.

Carol and Bob Enter into a Contract for Bob to Perform