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First Principles of Business Law |
| Performance and breach of contract |
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3. Discharge of a contract by performance |
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3.5. Divisible contracts |
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Read the facts and the question and then choose the best answer. A, a contractor, enters into a contract with B for A to fix the leaks in the roof of B's house (which will cost $1000), and then paint the roof, which will cost a further $4000. The agreement is that A will complete the repairs and the painting within a month and that B will pay A $5,000 when A completes the entire job. A fixes the leaks in the roof, but then tells B that he cannot paint it. A wants to enforce payment for the repairs to the roof, saying that this part of the agreement was a separate contract from the agreement to paint the roof. Is A entitled to be paid for the repairs to the roof without completing the painting job? |
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