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Consider again the scenario posed in the overview. After reading the scenario (replicated below), please answer each of the questions following it as completely as possible. The Smiths decided to contract with Porches-R-Us to build a new front porch on their house.The Smiths asked them to use an ash railing; however Porches-R-Us used an oak railing. The Smiths may argue that they should have specific performance, in that they should receive the ash railing. Porches-R-Us may counter argue that they substantially performed because they look and function similarly.
1. Was there a material breach of this contract? Use the seven factors that you reviewed in your learning materials to guide your analysis.
2. When is specific performance available in the event of a breach of contract?
3. What is the purpose of the doctrine of substantial performance? Does it apply in the above scenario?
4. What if the builder changed the wood to oak rather than ash as it could no longer obtain ash would due to the outbreak of the Ash borer disease in trees? Does that change your analysis at all?
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