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Which of the Following Statements About Courts Determining the Materiality

Question 39

Multiple Choice

Which of the following statements about courts determining the materiality of a breach is false?


A) The standard for determining materiality is a flexible one that takes into account the facts of each individual case.
B) A breach that occurs later in the parties' relationship is more likely to be viewed as material than is one that occurs early.
C) They key question is whether the breach deprives the injured party of the benefits that he reasonably expected.
D) Courts take into account the extent to which the breaching party will suffer forfeiture if the breach is held to be material.

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