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Performance and Remedies


The Warrens hired Denison, a building contractor, to build a house on their property for $73,400. Denison's construction deviated somewhat from the specifications for the project. These deviations were presumably unintentional, and the cost of repairing them was $1,941.50. The finished house had a market value somewhat higher than the market value would have been without the deviations. The Warrens refused to pay the $48,400 balance due under the contract, alleging that Denison had used poor workmanship in building the house and they were under no obligation to perform further duties under the contract.
  • Do the Warrens have the right to withhold all further payment?
  • What are the consequences of Denison's breach of contract?
  • What are the appropriate remedies for Denison's breach of contract?
  • Are the Warrens under an ethical duty to pay Denison?










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