Maria agrees to paint George's house for $1500 and to begin work on or before Aug1.Maria beings Aug4. Has she?
Breached the contract? Why?
Answers:
if george allowed her to start painting then he has accepted a change in the contract.
Yes.
She agreed to paint, but agreed to start on or before a specific date. She didn't. She's in breach.
Edit: Yes. If he allows her to start painting on the 4th he accepted the change and the contract is still in force.
There are different types of breach.
If there is some specific reason of which Maria was aware that work MUST begin on August 1, or in the case of a written contract, it contained the phrase "time is of the essence", then it might be a material breach.
On the other hand, if they made this agreement in the last week of July, or it rained from the 31st to the 3rd, or if George didn't make up his mind on colors, or several other reasons that a professional painter might be able to envision, the breach will be excuseable and the contract will still be on.
If the breach is excuseable, the question becomes one of what damages, if any, George suffered, and what the appropriate remedy would be.
He will NOT be able to avoid payment entirely, but perhaps partially. Probably not even that.
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Answers:
if george allowed her to start painting then he has accepted a change in the contract.
Yes.
She agreed to paint, but agreed to start on or before a specific date. She didn't. She's in breach.
Edit: Yes. If he allows her to start painting on the 4th he accepted the change and the contract is still in force.
There are different types of breach.
If there is some specific reason of which Maria was aware that work MUST begin on August 1, or in the case of a written contract, it contained the phrase "time is of the essence", then it might be a material breach.
On the other hand, if they made this agreement in the last week of July, or it rained from the 31st to the 3rd, or if George didn't make up his mind on colors, or several other reasons that a professional painter might be able to envision, the breach will be excuseable and the contract will still be on.
If the breach is excuseable, the question becomes one of what damages, if any, George suffered, and what the appropriate remedy would be.
He will NOT be able to avoid payment entirely, but perhaps partially. Probably not even that.
The Answers post by the user, for information only, FreeLawAnswer does not guarantee the right.
Answer question:
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