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An Injured Party Cannot Elect to Treat a Breach as Discharging

Question 92

Multiple Choice

An injured party cannot elect to treat a breach as discharging him or her from its obligations under a contract unless


A) the breaching party elects to treat the breach as discharging him or her from contractual obligations.
B) the breaching party suffers financial loss.
C) the innocent party suffers financial loss.
D) the breach causes physical injury.
E) it is of the whole contract or an essential part of the contract.

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