ContractsIntermediateAlaska Exam

An Alaska purchase agreement provides that 'time is of the essence for all deadlines.' The buyer misses the inspection deadline by one day. The seller may:

AIgnore the missed deadline since one day is not material
BDeclare the buyer in breach and demand the earnest moneyCorrect
CExtend the deadline without consequence
DCancel the contract only if the seller suffered actual damages

Why Declare the buyer in breach and demand the earnest money Is Correct

Answer B: Declare the buyer in breach and demand the earnest money

When time is of the essence, missing any deadline — even by one day — may constitute a material breach. The seller may declare the buyer in default and retain the earnest money, though as a practical matter many sellers will negotiate an extension rather than cancel a transaction for a minor deadline miss.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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