Question: Michael was working on a manuscript for Gianna, who worked at a publishing house. They agreed that Michael would deliver a draft of the manuscript
Michael was working on a manuscript for Gianna, who worked at a publishing house. They agreed that Michael would deliver a draft of the manuscript to Gianna on February 10th.
Unfortunately, Michael encountered a series of difficulties in January. His computer broke which deleted some of his work. Then, his house had a major fire which required him to move back to his parents' home in a different city. Lastly, Michael then got a terrible case of pneumonia and was unable to work at all.
If Michael delivers the manuscript to Gianna on February 20th, is that a material breach?
A. No, Gianna is required to give leniency due to his health problems when he had pneumonia.
B. No, his behavior was not willful and there is no indication that Gianna needed the manuscript by February 10th for a specific reason.
C. Yes, time is always of the essence.
D. Yes, there was nothing in the contract about extending timelines due to extenuating circumstances.
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