Breach of Contract
A person contracts to build an expensive wooden play set in a customer's back yard. The contract states that the fasteners to be used in the making of the set should be of a certain length and tested strength. Because the play set comes as a kit, the builder believes that they have the correct fasteners, and the set is assembled. However, the customer, who is a general contractor without the time to do the work himself, has specific knowledge of the types of fasteners he required, and realizes that those installed on the play set did not meet what he believed he had contracted for. It did not matter that the bolts included in the play set packaging were of a certain alloy, the consumer believed that they had a greater chance of failure due to the amount of stress the fasteners would incur as the play set was used. However, the play set was had already been constructed, and it met the specifications set by the company that manufactured it. The customer did state that he required a certain number fastener, and it...
The builder felt that he had fulfilled the contract because he believed he had used the correct fasteners. The builder did not check the code on the fasteners to make sure that they met the customer's specifications.
In this scenario, it can be said that the builder was only in minor breach of contract because he did use the fasteners sent by the company, and he believed that he was using the correct ones. He did not knowingly breach the contract, it was due to the fact that he neglected to properly inspect the product that was being used. The builder does not want to replace what is already in place because that would cost him extra money and time. He has other projects to complete that would make it difficult for him to go back and redo the work he has already done.
The builder could not be said to have done a complete performance because the different fasteners were required. He is in a minor breach which means that he had a substantial performance. In this case, the customer…
