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45. What is the most likely result of the builder's suit?
The builder has sued the homeowner for the $30,000 contract price of the first bathroom, which remains unpaid.
A homeowner entered into a contract with a builder under which the builder was to install two new bathrooms in the homeowner's house. The stated price for the first bathroom was $30,000, and the price for the second bathroom was $35,000. The builder, without justification, left the job after completing the $30,000 bathroom. The homeowner found another contractor to complete the second bathroom for $35,000 and has suffered no losses as a result of the builder's breach.
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A is incorrect. The builder will be able to recover despite his breach because the rule of divisible contract provides a way to fairly compensate a party who has materially breached a contract.
B is incorrect. The rule of divisible contract allows the builder to recover contractual damages even though he breached the contract. He is entitled to recover the agreed-upon price for the installation of the first bathroom because it is a divisible portion of the contract.
C is incorrect. When a breaching party can recover under the rule of divisible contract, it is not necessary to look to restitution to provide a remedy.