failing to perform or to offer to perform will suffer forfeiture; (d) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of the circumstances, including any reasonable assurances; and (e) the extent to which the behavior of the party failing to perform or to offer to perform comports with standards of good faith and fair dealing. Mustang Pipeline Co., 134 S.W.3d at 199 (citing and adopting Restatement (Second) of Contracts § rtush failed to comply with its purchase agreement with Cimco and the jury’s findings in questions 4 and 5 that Bartush’s failure was not excused also establish as a matter of law that Bartush’s failure to comply was material. See, e.g., Restatement (Second) of Contracts § 241, cmt. E (Am. Law Inst.1981) (<HOLDING>). Bartush’s unexcused and material breach
recognizing failure to pay amounts owed generally supports determination of materiality holding that failure to pay sales taxes is a breach of trust recognizing that negligent conduct of police investigations does not give rise to a cause of action because the duty to protect citizens and enforce the law is one owed generally to the public holding that failure to pay obligations under a contract is a material breach as a matter of law when parties explicitly state in the contract that failure to pay warrants termination holding law enforcement owed duty similar to that owed by dshs under rcw 2644050