ContractsIntermediateArizona Exam

In Arizona, which of the following BEST describes the legal effect of 'time is of the essence' in a purchase contract?

AAll deadlines are approximate targets and may be extended informally without a written amendment
BAll contractual deadlines are strictly enforceable, and failure to perform on time is a material breachCorrect
COnly the closing date is strictly enforced; other deadlines may be extended without a written amendment
DThe phrase has no legally recognized effect in Arizona real estate contracts

Why All contractual deadlines are strictly enforceable, and failure to perform on time is a material breach Is Correct

Answer B: All contractual deadlines are strictly enforceable, and failure to perform on time is a material breach

'Time is of the essence' makes all contractual deadlines strictly enforceable. Missing a deadline is treated as a material breach, which may allow the other party to cancel the contract.

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.

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