Question

Mickey hires Donald to build a house. Mickey wants a nice kitchen. The contract calls for a Kohler faucets in the entire house. Also, the contract calls that the house to be completed within three months. Unbeknown to Mickey, Donald tries to buy the Kohler plumbing fixtures but they will not be available for nine months. However, Donald finds Delta plumbing fixtures that are available immediately. The Delta faucets are equivalent to the Kohler faucets in quality, looks, performance and costs about the same. Donald finishes the house timely with the Delta faucets. Mickey sues Donald for breach of contract and wants Donald to remove all of the Delta faucets and replace them with Kohler or Mickey wants the cost of new Kohler plumbing fixtures and the installation costs and removal costs of all of the Delta plumbing fixtures. Which is true? Group of answer choices

Donald wins based upon substantial performance

Donald wins based upon tender

Mickey wins based upon breach of contract

Mickey wins based upon novation

Answer 1

The correct answer is Donald wins based upon substantial performance since only the brand name is different and this is not in control of Donald as this won't be available for 9 months. Also, the delta faucets are of comparable price and quality and looks and performance are also good. Therefore, since there is no major deviation except the brand name, Donald had performed substantially on his contract.Therefore, Donald will win by substantial performance.