The Northeast Independent School District in Bexar County, Texas, hired STR Constructors, Ltd., to renovate a middle school. STR subcontracted the tile work in the school's kitchen to Newman Tile, Inc. (NTI). The project had already fallen behind schedule. As a result, STR allowed other workers to walk over and damage the newly installed tile before it had cured, forcing NTI to constantly redo its work. Despite NTI's requests for payment, STR remitted only half the amount due under their contract. When the school district refused to accept the kitchen, including the tile work, STR told NTI to quickly make the repairs. A week later, STR terminated their contract.

Upon entering a contract, parties obtain both
1. Select: powers, money, rights, status, offers, or acceptances 2. Select: duties, powers, money, status, offers, or acceptances
If a party enters a contract, what is the most common way for that party to discharge its duties under the contract?
3. Select: file a lawsuit against the other party for nonperformance, perform the contractual duty, pay a portion and then file a lawsuit against the other party for nonperformance, or perform the duty as much as possible in the time frame allot
A breach of contract occurs when there is nonperformance of a contractual duty?
4. Select:Yes or No
If the performance is substantial, but not complete, is there a breach?
5. Select: Yes or No
What type of breach?
6. Select: Material or Minor
If the performance is less than substantial is there a breach?
7. Select: Yes or No
What type of breach?
8. Select: Material or Minor
If the breach of one party is material (they have less than substantially performed) is the other party discharged from performing their duties under the contract?
9. Select: Yes or No
If the breach of one party is minor (they have substantially or completely performed) is the other party discharged from performing their duties under the contract?
10.Select:Yes or No
In any type of breach, is the non-breaching party entitled to sue for damages?
11. Select: Yes or No
How many contracts are there?
12. Select: one, two, three, or four
Who did Newman contract with?
13. Select: STR, Northeast, or both STR and Northeast
What was Newman's primary duty under the contract?
14. Select: to tile the school's cafeteria or to repair the tile work
What was STR's duty under the contract?
15. Select: to allow Newman to complete the worktake over the tile work if Newman couldn't complete it, pay Newman half of the contract amount if the tile work was not completed on time, bring in other workers to trample Newman's tiles, or pay Newman only if the tile work met STR's satisfaction
16. Select: pay Newman for the tile worktake over the tile work if Newman couldn't complete it, pay Newman half of the contract amount if the tile work was not completed on time, bring in other workers to trample Newman's tiles, or pay Newman only if the tile work met STR's satisfaction
Which party failed to perform its part of the contract?
17. Select: STR or Newman
In what ways did STR fail to perform its duties under the contract?
18. Select: NTI had to redo its work constantly because STR permitted others to walk over and damage the newly installed tile, STR didn't give notice to NTI about its intention not to pay, STR failed to put a condition in the contract, or NTI needed to do more to protect its work area
19. Select: despite NTI's requests for payment, STR remitted only half the amount due under their contract, STR didn't give notice to NTI about its intention not to pay, STR failed to put a condition in the contract, or NTI needed to do more to protect its work areaItem
20. Select: STR terminated the contract, apparently wrongfully and without cause, STR didn't give notice to NTI about its intention not to pay, STR failed to put a condition in the contract, or NTI needed to do more to protect its work areaItem 20
STR's performance of duties under the contract was?
21. Select: substantial or less than substantialItem
Did STR breach the contract?
22. Select: Yesor No
Was the breach minor or material?
23. Select: minor or material
Were Newman's duties under the contract discharged?
24. Select: Yes or No
What does this mean?
25. Select: Newman no longer needed to perform under the contract or Newman needed to fix the tiles for the school district
Can Newman sue for damages?
26. Select: Yes or No
Is a court likely to find for Newman?
27. Select: Yes or No
What if the tile work had proceeded as contracted and looked good but STR refused to pay saying it didn't meet their personal satisfaction even though the contract didn't mention this - could STR refuse to pay?
28. Select: Yes or No
Whose standard must the work meet?
29. Select: STR, Newman, School District, or Reasonable Person