A dancer signed a six‑month contract with a traveling circus and breaches by missing two weeks due to a medical issue. The circus hires another performer. The dancer seeks the highest possible recovery. Which argument best supports the highest recovery?

• A. A The breach was material, so she recovers nothing.
• B. B The breach was not material, so she recovers the full contract price minus costs incurred to obtain performance.
• C. C She is entitled to restitution for benefits conferred.
• D. D She may recover only actual damages for the two weeks.

Answer: (B)

When a contract is breached, you look at whether the breach is material. If the breach is not material, the non-breaching party can recover the contract price, but only reduced by the costs saved or incurred to obtain substitute performance. In this scenario, the circus hired another performer to cover the two missed weeks, which suggests the dancer’s breach did not destroy the value of the bargain. Therefore, the strongest basis for the highest recovery is that the breach was not material, so the dancer (as the party seeking damages) is entitled to the full contract price minus the costs the circus incurred to obtain substitute performance. This yields the largest possible recovery because it values the promised performance while accounting for the substitution cost needed to fulfill the contract. The other options don’t fit: a material breach would limit recovery; restitution for benefits conferred isn’t the standard measure here; and recovering only two weeks of actual damages underestimates the amount available under a non-material breach with substitute performance.