Question: Federer & Co. (Federer) signed a written contract to lease a large neon advertising sign to Harris Bolat, who is in the dry-cleaning business, for

Federer & Co. (Federer) signed a written contractFederer & Co. (Federer) signed a written contractFederer & Co. (Federer) signed a written contractFederer & Co. (Federer) signed a written contract

Federer & Co. (Federer) signed a written contract to lease a large neon advertising sign to Harris Bolat, who is in the dry-cleaning business, for $148.50 a month. The contract stated that Federer, as the lessor of the sign, would "at its expense ... maintain and service the sign ... [and would perform] cleaning and repainting of sign in original color scheme as often as deemed necessary by lessor to keep sign in first-class advertising condition and make all necessary repairs to sign and equipment installed by lessor." A few weeks the sign was installed, someone hit the sign with a tomato and little spider cobwebs" appeared in the sign's corners. Bolat repeatedly asked Federer to fix the sign, but Federer did not do so. As a result, Bolat made no further payments and Federer sued Bolat for remainder of the lease payments pursuant to the contract's terms. Did Federer make a material breach of the contract? Identifying the Facts and Issues If a party enters a contract, select answer is the most common way for that party to discharge its duties under the contract. In this case, Federer select answer obligated to maintain and service the sign. A breach of contract occurs when there is nonperformance of a contractual duty. If the performance is substantial, but not complete, there is a breach. Substantial performance results in a minor breach. If the performance is less than substantial, there is breach. It is a material breach. If the breach of one party is material, the other party is discharged from performing its duties under the contract. If the breach of one party is minor, the other party is not discharged from performing its duties under the contract. Federer's failure to clean the cobwebs and remove the tomato stain constituted a select answer breach of the contract. Federer's performance of duties under the contract was select answer . When a breach of contract is minor and not material, the nonbreaching party select answer excused from the performance of contractual duties. Federer select answer likely recover the remainder of the lease payments from Bolat. What if the sign's neon lettering did not work and Federer & Co. (Federer) refused to repair it? A breach of contract occurs when performance is not at least select answer . Federer's failure to repair the broken neon sign would be select answer Failing to repair the broken neon sign constitutes a select answer breach of the contract. Bolat select answer be justified in refusing to make additional lease payments

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