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Assume That a Car Owner Contracts with a Mechanic to Have

Question 11

Multiple Choice

Assume that a car owner contracts with a mechanic to have his engine overhauled.The mechanic mistakenly used original equipment quality piston rings in doing the overhaul,whereas the contract had called for the use of premium-quality rings that are better than original equipment quality.Which of the following is true?


A) This is a substantial performance,and the owner must still pay something to the mechanic.
B) This is a material breach,and the owner must still pay something to the mechanic.
C) This is a substantial performance,and the owner owes nothing to the mechanic.
D) This is a material breach,and the owner owes nothing to the mechanic.
E) This is a novation,and the owner owes nothing to the mechanic.

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