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Source Performance Test Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

Consultant sues Client for breach of a consulting agreement. Client argues Consultant did not finish every task listed in the agreement, while Consultant argues any unfinished tasks were either substantially performed or excused by Client's refusal to provide data.
Which statement best describes Consultant's basic proof burden?

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Plaintiff must prove perfect performance of every promise, even if the defects were trivial and compensable. Plaintiff may rely on Defendant's breach only if Plaintiff first rescinded the contract. Plaintiff must generally prove the contract, Plaintiff's performance or excuse for nonperformance, Defendant's breach, and resulting harm. Plaintiff's nonperformance is irrelevant unless Defendant pleaded fraud.

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