ND Bar Practice Questions - North Dakota Bar Examination Exam

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A contractor agrees to build a structure with 'Reading brand' pipe but mistakenly installs an identical-quality, different brand throughout. The owner demands the cost of tearing out and replacing all the pipe. Under Jacob & Youngs v. Kent, the owner is most likely entitled to:

The full cost of tearing out and replacing the pipe Nothing, because the contractor breached the contract The difference in value, typically nominal, because the breach was trivial and replacement cost would be grossly disproportionate (substantial performance) Punitive damages for the deviation

Correct Answer:

The difference in value, typically nominal, because the breach was trivial and replacement cost would be grossly disproportionate (substantial performance)

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