First Principles of Business Law

Performance and breach of contract

4. Establishing a breach of contract

4.3. Partial performance

 

 

 

Read the facts and the question and then choose the best answer.

A, a furniture maker, agrees to supply B, the owner of a restaurant, with 40 round tables for $50 each and 160 upholstered chairs for $20 each, a total price of $5,200. Two weeks later A delivers 20 tables and 80 chairs to B and says he is unable to make any more. There is nothing wrong with the tables and chairs that A has made.

Is B required to accept this partial performance of the contract and pay A for what he has actually delivered?

(a) Yes. In these circumstances B must accept the partial performance and pay for what has been delivered.

(b) No. In these circumstances B can reject the partial performance and return what A has delivered.

 

 

 

 

 

 

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