FLK1 · Multiple-choice practice

FLK1 Contract Law — Question 29

Question

Alice hires Bob, a professional painter, to paint her house for £3,000. They agree that the painting will be completed within two weeks. However, Bob fails to start the work on the agreed-upon date and does not communicate with Alice for several days. Alice becomes concerned about the delay and hires another painter, Carol, to complete the job for £3,500. When Alice informs Bob of her decision, he apologizes but insists that he can still complete the work. Alice refuses Bob’s offer and proceeds with the contract with Carol. Was Alice correct to terminate the contract with Bob?

Yes, Alice can terminate the contract with Bob for fundamental breach since he failed to perform all his obligations.
No, Alice cannot terminate the contract with Bob for fundamental breach since he offered to proceed with the work.
Yes, Alice can terminate the contract with Bob for fundamental breach since she incurred additional expenses by hiring another painter.
No, Alice cannot terminate the contract with Bob for fundamental breach since he did not explicitly repudiate the contract.
Alice can only terminate the contract with Bob for fundamental breach if the timing for commencing the work was of the essence.

Answer and explanation

Correct answer: E. Alice can only terminate the contract with Bob for fundamental breach if the timing for commencing the work was of the essence.

In this scenario, Bob’s failure to start the painting work on the agreed-upon date will constitute a breach of contract, but the breach will only be fundamental if the term breached is of the essence (a condition of the contract). If Bob’s delay in commencing the work within the agreed-upon time frame is a material breach that goes to the root of the contract, Alice has the right to terminate the contract for fundamental breach and seek damages for any losses she incurred as a result of Bob’s failure to perform his obligations within a reasonable time.

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