Question $13$

$2\mathrm{.}5pts$

Dexter decides to hire Francis to build an extension onto his house. They enter into a contract on March $1$st$,$ and the deadline for completing the extension is May $1$st$.$ Given the nature and size of the project, the extension will take at least one week to complete once the work on it has started.

The Dexter$-$Francis contract states that "time is of the essence" because Dexter is having family over from May $2$nd to May $12$th$,$ and Dexter needs the extra space for them to stay. Even though the deadline gets closer and closer, Francis never starts construction. Finally, on April $27$th$,$ Dexter declares Francis to have breached the contract. Francis argues that Dexter cannot declare a breach yet. Who is correct?

Francis is correct because he could not be reasonably expected to complete the construction in the time frame required by the contract $-$ or$,$ alternatively, at this point in time Francis is entitled to a Nachfrist notice.

Dexter is correct because he carfleclare an anticipatory breach if it is clear that Francis will not meet the deadline.

Dexter is correct because Francis automatically breached the contract by failing to complete the work by April $15.$

Dexter is correct only if Francis has made no effort to contact him and notify him that he will be unable to complete the construction.

Francis is correct because Dexter cannot declare a breach of contract until the actual deadline has passed.