QUESTION $9$

Stuart Student has entered into a legally binding enforceable written contract with Professor Jones agreeing to build a stone wall in the front of her flower garden. The contract provides that Stuart will complete the job by May $15$th at a cost of $$750.$ Stuart never turns up for work. Finally on June $1$st$,$ Stuart calls Prof. Jones and tells her that he can't do the job at all. Which of the following statements is true?

If Stuart had called Prof. Jones before May $15$th to tell her that he didn't want to do her project, then he would not be in breach of contract.

If Stuart explains to Prof. Jones that his best friend needed Stuart to drive him to California for experimental treatment for a serious disease, Stuart will not be in breach of contract.

Stuart is in breach of contract and can be held liable for contract damages.

Since Prof. Jones hadn't paid Stuart a deposit, Stuart's failure to perform is not a breach of contract.