C came into contract with F for building a home. The materials used in building the home must be the brand of CB and this clause is specifically mentioned in the contract. In C’s absence F used K’s fixtures which was an equivalent brand in terms of quality. When the building was on the verge of completion, C, after scrutinizing the work, discovered the substitution and refused to accept the house. To discuss: Elaborate on the claim raised by C.

Question

Explain the difference between a contractual breach and a lawful (tort) breach. Give examples of each. Discharge of a contract IS MOST COMMONLY ACHIEVED BY PERFORMANCE. Failure to do so may result in either party suing the other(s) for breach in court. Reflect on the options one will have when analyzing their options to sue. Under the law when a mistake has taken place when would the courts become involved? Under torts explain what is meant by an unconscionable transaction. Define the purpose of damages being awarded.

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Question

Chapter 13, Problem 2BS

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Case summary: C came into contract with F for building a home. The materials used in building the home must be the brand of CB and this clause is specifically mentioned in the contract. In C’s absence F used K’s fixtures which was an equivalent brand in terms of quality. When the building was on the verge of completion, C, after scrutinizing the work, discovered the substitution and refused to accept the house.

To discuss: Elaborate on the claim raised by C.

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