Question

1. What is a material breach of contract? When a material breach occurs, what are the nonbreaching party’s options?
2. What is a minor breach of contract? When a minor breach occurs, is the nonbreaching party excused from performance? Explain.
3. In this case, what were the defendant’s main arguments that the plaintiffs should not have been granted relief for Wayne Mazda’s breach?
4. Was there a difference in the degree to which the plaintiffs and the defendant failed to perform the contract? Explain. Which party was in material breach?

On May 24, 2010, plaintiffs Marc and Bree Kohel entered into a sales contract with defendant Bergen Auto Enterprises, L. L. C. d/ b/ a Wayne Mazda Inc. (Wayne Mazda), for the purchase of a used 2009 Mazda. Plaintiffs agreed to pay $ 26,430.22 for the Mazda and were credited $ 7,000 as a trade- in, for.



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  • CreatedJune 18, 2014
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