Question

in their contract, jordan (the homeowner) and mel (the contractor) have stipulated that mel will build jordan a room addition with brick exterior for $40,000. instead of using brick, however, mel uses vinyl siding. this is an example of a(n) _______ breach of contract.

multiple choice

○ executory

○ exemplary

○ non - material

○ material

○ putative

Explanation:

To solve this, we analyze each option:

• Executory: Refers to a contract still being performed, not a breach type. Eliminate.
• Exemplary: Relates to punishment (like damages), not breach classification. Eliminate.
• Non - material breach: A minor deviation that doesn't defeat the contract’s purpose. Using vinyl instead of brick (if the exterior material was a key term) is more than minor? Wait, no—wait, a material breach is one that goes to the “heart” of the contract. Wait, the contract specified brick exterior. If the homeowner valued brick, using vinyl (a different material) would be a material breach? Wait, no, wait: Wait, let's recall: A material breach is a failure to perform a contract term that is essential to the agreement, depriving the non - breaching party of the expected benefit. A non - material breach is a minor deviation. But in this case, the contract specified brick exterior. If the homeowner’s primary expectation was a brick exterior, using vinyl (a different, less - valued or different - looking material) would be a material breach? Wait, no, wait—wait, maybe I got it reversed. Wait, no: Let's re - check. A material breach is when the breach is significant enough that the non - breaching party is deprived of the substantial benefit of the contract. If the contract was for a brick exterior, and the contractor used vinyl, which is a different material, this would be a material breach because the homeowner didn't get what was contracted for (the brick exterior, which was a key term). Wait, but wait, maybe the answer is material? Wait, no, wait—wait, no, let's check the options again. Wait, the options are executory, exemplary, non - material, material, putative.

Wait, let's define each:

• Material breach: A breach that is substantial enough to defeat the purpose of the contract, allowing the non - breaching party to sue for damages and potentially terminate the contract.
• Non - material breach: A minor breach that does not go to the heart of the contract, and the non - breaching party still gets the substantial benefit.

In this case, the contract specified brick exterior. If the homeowner wanted a brick exterior (a key term), using vinyl instead is a material breach because it goes to the heart of what was agreed (the brick exterior). Wait, but maybe I made a mistake. Wait, no—wait, let's think again. Suppose the contract was for a room addition with brick exterior. The contractor used vinyl. The homeowner’s expectation was a brick - exterior room. By using vinyl, the contractor failed to meet a key term of the contract, so it's a material breach.

Wait, but let's check the other options again:

• Putative: Refers to something assumed or alleged, not a breach type. Eliminate.

So the correct answer is “material” because the breach (using vinyl instead of brick) is significant and goes to the core of the contract’s terms (the brick exterior).

Answer:

D. material (assuming the options are labeled A to E with D being material; based on the options, the correct one is the option with "material")