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Source Performance and Breach Virginia Bar Exam Topic Index 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. A party invokes an equitable or discretionary remedy after contributing to the problem. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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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. Import a rule from a nearby issue instead of applying the rule triggered by these facts. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements.

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