The following fact pattern applies to questions 1 and 2.

Brigid entered into a contract with L. Marcus Marine ("LMM") to perform repairs and updates to her sailboat for $15,000. The work was to be completed by December 31st, including painting, sealing, new navigation equipment, sails, rigging, and refinished galley. As of December 31st, LMM completed the painting, sealing, and refinished the galley, but had not completed the navigation system or sails and rigging. LMM informed Brigid that they would be unable to install the navigation system or the new sails and rigging by December 31st, because the navigation system is on backorder and the sails and rigging items have been delayed by Customs. LMM was unable to tell Brigid when the outstanding items would be available for installation on her sailboat. Brigid advised LMM that she was not going to pay them the $15,000, given that the work wasn't completed by the agreed-upon date, and she couldn't use her sailboat until the navigation system, sails, and rigging have been installed.

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Question 1

4pts

If Brigid refuses to pay LMM for the work, how would a court most likely resolve the dispute? Choose the most appropriate answer.

Group of answer choices

Require Brigid to pay LMM the full $15,000 per the contract

Require Brigid to pay LMM for the value of the work performed as of December 31st and suspend remaining performance until the outstanding work is completed

Permit Brigid to terminate the contract to LMM's material breach

Force LMM to pay Brigid $15,000

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Question 2

4pts

Which of the following is not a factor the court would consider in determining whether LMM's breach was material?

Group of answer choices

The extent to which non-breaching party will be deprived of a benefit he reasonably expected

The extent to which the non-breaching party can be adequately compensated

The extent to which the breaching party will suffer forfeiture

The extent to which the breaching party acted in good faith

Whether or not the non-breaching party has paid any money to the breaching party

The likelihood of the breaching party to cure his breach