Notice to Complete: A fundamental breach occurs usually because of failure to comply with a completion date when time is of the essence by service of the notice to complete. Which scenario describes this breach?

• A. Completion is achieved on time
• B. Failure to comply with a completion date when time is of the essence
• C. Notice to extend is served
• D. Mortgage discharge is completed

Answer: (B)

The key idea is that time being of the essence makes the completion deadline in a notice to complete binding and strict. A fundamental (repudiatory) breach occurs when that deadline is not met after the notice to complete is served. So the scenario that describes this breach is the buyer failing to complete by the specified date in the notice, within the period set because time is of the essence. If that happens, the seller can treat the contract as at an end and may seek damages.

Completion on time isn’t a breach. Serving a notice to extend isn’t itself a breach—it’s a move to adjust timing. Mortgage discharge being completed doesn’t describe a breach related to the completion deadline.