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A is corrent. Meek & Co., CPAs, and Sulk Corp. have entered into a valid contract which required that Meek issue an opinion by June 15, year 1. However, Meek did not breach its contract due to failure to perform by the agreed-upon date because the alleged breach was caused by Sulk’s failure to provide Meek with the necessary information. In every contract there is an implied agreement that the parties to the contract will not interfere with or hinder the other party’s performance.
B is incorrect. The condition is only effective as long as Sulk does not interfere with Meek’s ability to perform. Actually Sulk’s supplying the necessary information would be a condition precedent to Meek’s duty to perform.
C is incorrect. A quasi contract is an implied-in-law rather than express agreement which results when one of the parties has been unjustly enriched at the expense of the other. The law creates such a contract when there is no binding agreement present to keep the unjust enrichment from occurring. In this case, Meek and Sulk have entered into a valid contract which would be binding on both parties.
D is incorrect. Meek did not breach the contract due to failure to perform by the agreed-upon date because the alleged breach was caused by Sulk’s failure to provide Meek with the necessary information.