Which statement about breach is true?

Which statement about breach is true?

• A. None of the above
• B. Less than substantial performance is a breach
• C. Finishing a job late is always a breach
• D. Anticipatory repudiation is always a breach

Answer: (B)

In contract law, a breach happens when a party fails to perform a duty in a way that undermines the contract’s essential purpose. The key idea is substantial performance: if you’ve done the job in good faith and your performance is close enough to what was promised that the main purpose is fulfilled, you’re not in breach. If your performance falls short of substantial—i.e., there are material deficiencies—you’re treated as breaching. That makes the statement about less than substantial performance being a breach the best choice: when performance is not substantial, it’s treated as a breach and the other party can seek damages for the shortfall. Finishing a job late isn’t automatically a breach in every situation—time can be not of the essence, or there may be a valid extension or waiver. Anticipatory repudiation isn’t always a breach either; it gives the non-breaching party the option to treat the contract as breached, but it isn’t an automatic breach until that option is exercised or the repudiation is conceded. None of the above is incorrect because there is a true statement among them.

In contract law, a breach happens when a party fails to perform a duty in a way that undermines the contract’s essential purpose. The key idea is substantial performance: if you’ve done the job in good faith and your performance is close enough to what was promised that the main purpose is fulfilled, you’re not in breach. If your performance falls short of substantial—i.e., there are material deficiencies—you’re treated as breaching.

That makes the statement about less than substantial performance being a breach the best choice: when performance is not substantial, it’s treated as a breach and the other party can seek damages for the shortfall.

Finishing a job late isn’t automatically a breach in every situation—time can be not of the essence, or there may be a valid extension or waiver. Anticipatory repudiation isn’t always a breach either; it gives the non-breaching party the option to treat the contract as breached, but it isn’t an automatic breach until that option is exercised or the repudiation is conceded. None of the above is incorrect because there is a true statement among them.