Sue and Kevin Kellman signed a contract for the construction of a cabin near Pinetop. In building the $562,000 cabin, the builder discovered that it had to put the vent for the heating system in the area where the hall closet is located. The result was that the Kellman's had a half-closet there instead of a full-length closet that was open to the floor. The Kellmans: a. can be compensated under the doctrine of force majeure. b. can be compensated under the doctrine of substantial performance. c. need not pay for the cabin because of this material breach. d. can be compensated under the doctrine of commercial impracticability.

Question

Alexander Buck

Business

2 February, 17:23

Sue and Kevin Kellman signed a contract for the construction of a cabin near Pinetop. In building the $562,000 cabin, the builder discovered that it had to put the vent for the heating system in the area where the hall closet is located. The result was that the Kellman's had a half-closet there instead of a full-length closet that was open to the floor. The Kellmans: a. can be compensated under the doctrine of force majeure. b. can be compensated under the doctrine of substantial performance. c. need not pay for the cabin because of this material breach. d. can be compensated under the doctrine of commercial impracticability.

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Charity Lutz · Answer 1

The correct answer is letter "B": can be compensated under the doctrine of substantial performance.

Explanation:

Substantial performance is a concept in law by which and an individual who signed a contract can sue the counterparty because part of the contract was not fully respected but the incomplete portion is so minimal or irrelevant that it could not be considered as a breach of the contract.

Thus, the Kellman's can sue the cabin house builder for not constructing a full-length hall closet and could be compensated for that change.