Tony contracts with Paulie for Paulie to build him a house. They contract for a particular brand of pipes to be used. However, Paulie decides to use a slightly cheaper brand that is of a slightly lesser quality. Tony claims that this breach of the contract allows him to avoid the contract. Is he correct? Explain.
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In given scenario, Tony can't avoid the contract because Paulie has already negotiated with the Tony regarding the house. Firstly, Tony has chosen Paulie as contractor substantially limits his claims of avoidance (he may chose any other at time of assigning the contract). Moreover, quality of pipes cannot be the only reason to break the contract since it couldn't be said that chosen quality of pipes are below specific quality as was promised.
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Jul 23rd, 2015
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