NFPA Paralegal Core Competency Exam (PCCE)Substantive LawEasy
A client, Mr. David Chen, approaches your firm seeking to recover money from a contractor who failed to complete a kitchen renovation project as agreed in their written contract. The contractor stopped working halfway through, leaving the kitchen unusable. Mr. Chen had already paid 75% of the total project cost. Which of the following legal actions is Mr. Chen most likely to pursue?
- AUnjust Enrichment
- BBreach of Contract
- CPromissory Estoppel
- DSpecific Performance
Show answer & explanationAnswer & explanation
Correct answer: B. Breach of Contract
This scenario directly describes a situation where one party (the contractor) failed to fulfill their obligations under a valid contract, causing harm to the other party (Mr. Chen). This is the classic definition of a breach of contract.
Why the other options are wrong
- A. Unjust enrichment applies when one party benefits unfairly at another's expense without a valid contract.
- C. Promissory estoppel enforces promises even without a formal contract, if reliance caused detriment.
- D. Specific performance compels the breaching party to complete the contract, usually for unique goods or real estate, not typical construction.
Breach of Contract
A violation of any of the agreed-upon terms and conditions of a binding contract, occurring when one party fails to fulfill their part of the agreement.
- Requires a valid, enforceable contract.
- Involves a failure to perform a contractual duty.
- Results in damages or other remedies for the non-breaching party.
Memory trick: When a deal breaks, what's the legal fix?