Jessica hires Bob Builders to construct a house for her. The contract specifies that grade A+ carpeting is to be installed on the entire second floor. Bob accidentally installs grade A shag carpeting instead. Few people except for carpeting experts can tell the difference. Jessica, however, refuses to pay for the construction citing that Bob has breached the contract. Which of the following is true of this situation?
A) This would likely be considered complete performance and Jessica will have to pay the contractor.
B) Jessica can claim a breach of contract and refuse to pay for the construction of the house.
C) This will be considered a substantial performance and Jessica would be entitled to monetary damages.
D) Jessica has materially breached the contract by refusing to pay Bob's, and hence cannot sue Bob's for the carpeting.
E) The court is likely to declare that Bob's has breached the contract, and will ask Jessica to pay half the cost decided as per contract.
Correct Answer:
Verified
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