Jeff hires C & S Construction Co. to paint his house and deck for a contact price of $20,000. C & S paints the house but not the deck. Jeff tries on a number of occasions to contact C & S but he is unsuccessful so he hires P & M Construction Co. to complete the job. P & M charges Jeff 15,000 just to paint the deck. Jeff paid P & M but did not pay C & S anything. C & S files a lawsuit against Jeff. Select the best answer.
- Jeff’s best defense for his nonpayment is that C & S immaterially breached the contract.
- Jeff’s best defense to his nonpayment is that C&S’s unavailability was unconscionable
- Jeff’s best defense to his nonpayment is quasi contract.
- Jeff does not really have a strong legal claim and he should have to pay for what he receives, in other words for substantial performance.
- Jeff’s best defense for his nonpayment is that the failure to complete the job amounted to a material breach of contract.