Question
Scott finishes his teaching responsibilities for the summer and enters into a contract with Petre Construction to build a screened in porch on his house
Scott finishes his teaching responsibilities for the summer and enters into a contract with Petre Construction to build a screened in porch on his house by July 30, 2021. Scott envisions spending considerable time drinking lemonade in the new porch with his neighbor Bill. He tells Bill about his plans and Bill is full of excitement. Shortly thereafter, Petre Construction calls Scott and tells him that they have too many bigger projects going on to mess with a little project like the screened in porch and they aren't going to do the project. Scott and Bill are livid and Scott can't find any other contractors available to complete the work for even double the price quoted by Petre Construction. Bill encourages Scott to sue Petre Construction, but Scott says it will be awkward to sue Petre Construction because his wife is in PEO with the wife of the Petre Construction owner. Bill says "that won't stop me!" Which statement is true concerning these facts?
A. | Petre Construction has made an anticipatory repudiation and it would entitle Scott to sue for breach of contract only after the due date had passed. | |
B. | Bill can sue Petre Construction because he is an incidental beneficiary to the construction contract. | |
C. | Bill cannot sue Petre Construction because he is only an incidental beneficiary to the construction contract. | |
D. | A and C. |
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