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Source Performance and Breach Complete Virginia Bar Exam Topic Index List Matched to this deck.

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After a deal breaks down, one party sues for relief and the other resists enforcement. A contractor substantially performed but missed a certificate requirement before payment. The record contains both written proof and disputed oral testimony. The parties disagree about the legal effect of those facts. Which answer gives the best resolution?

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The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Performance and Breach and apply it to the operative facts. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. Reject the claim or defense solely because the opposing party disputes a required fact. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument.

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