If a non-essential term breach occurs and the buyer proceeds to completion, what is the typical remedy position?

• A. Rescission is the default remedy
• B. Specific performance is always available
• C. Damages are available, but continuing to completion may extinguish remedies
• D. The contract automatically terminates

Answer: (C)

When a breach concerns a non-essential term, the usual remedy is damages for the breach. If the buyer chooses to proceed to completion despite the breach, that act of continuing to perform is a form of affirming the contract. Affirmation typically means the innocent party cannot later rescind or terminate for that breach, so those remedies are lost. Specific performance, while a potential remedy for breach in a land sale, becomes moot once completion has occurred because the subject matter has already been transferred. So the typical position is that damages are available, but continuing to completion may extinguish other remedies like rescission or termination.