Question 1

________ occurs when the parties' discharge their obligations by doing what they respectively agreed to do under the contract terms.

Accepted Answer

A)  Discharge by absolution
B)  Discharge by finishing
C)  Discharge by performance
D)  Discharge by reason
E)  Discharge by tender

Question 2

Contractual conditions may be expressly inserted into the contract by the parties but may not be implied by law.

Accepted Answer

A) True 
 B)False

Question 3

Which of the following types of damages are designed to punish the defendant and deter him and others from engaging in similar behavior in the future?

Accepted Answer

A)  Consequential
B)  Punitive
C)  Repugnant
D)  Nominal
E)  Liquidated

Question 4

In England,parties who had contracted for rooms along a parade route for a king's coronation were refunded their money when the coronation was canceled because the king became ill.Which of the following doctrines arose from this decision?

Accepted Answer

A)  Alteration of the contract
B)  Frustration of purpose
C)  Anticipatory repudiation
D)  Anticipatory renunciation
E)  Commercial impracticability

Question 5

Contracts containing conditions affecting the performance obligations of the parties are called ________ contracts.

Accepted Answer

A)  Conditional
B)  Voidable
C)  Unreasonable
D)  Void
E)  Uncertain

Question 6

What is the difference between performance and tender?

Accepted Answer

A)  Tender is substantial performance,while performance refers only to complete performance.
B)  There is no difference.
C)  Performance involves fulfilling contractual obligations,while tender involves offering performance.
D)  Performance is required when there is a conditional contract,while tender is required for all other contracts.
E)  Tender is required when there is a conditional contract,while performance is required for all other contracts.

Question 7

Which is NOT an example of a common equitable remedy used today?

Accepted Answer

A)  Injunction.
B)  Rescission.
C)  Orders for specific performance.
D)  Restitution.
E)  Anticipatory breach.

Question 8

Which of the following is true regarding types of contractual conditions?

Accepted Answer

A)  There is only one type of condition: precedent.
B)  There are two types of conditions: precedent and subsequent.
C)  There are three types of conditions: precedent,subsequent,and concurrent.
D)  There are at least ten types of conditions,and their identification varies based upon the subject matter.
E)  There are four types of conditions: precedent,subsequent,concurrent,and timeliness.

Question 9

Regarding the appropriate amount of damages,if any,which of the following statements is true regarding the effect Michael's failure to meet his obligations under the building contract?

Accepted Answer

A)  Ashton will not have to pay for the house because Michael failed to perform as required.
B)  Ashton is released from paying for the house because of the anticipatory breach.
C)  Even though Michael substantially performed,Ashton will not have to pay for the house because Michael materially breached the contract.
D)  Any damages awarded would be in the range of $300,the amount it would take to fix the breach.
E)  There are no damages because Michael did not breach the contract.

Question 10

Parties can discharge their duty under a contract by tendering performance.

Accepted Answer

A) True 
 B)False

Question 11

When the parties substitute a new agreement in place of the original,instead of canceling a contract,the parties have a[n] ________.

Accepted Answer

A)  Alteration
B)  Accord and satisfaction
C)  Substituted contract
D)  Novation
E)  Mutual rescission

Question 12

A[n] ________ discharges the non-breaching party from his or her obligations under the contract.

Accepted Answer

A)  Immaterial breach
B)  Crossed breach
C)  Material breach
D)  Substantial breach
E)  Delineated breach

Question 13

A contractual condition of satisfaction is considered a[n] ________ condition that must be met before the other party's obligation to pay for the performance arises.

Accepted Answer

A)  Conditional
B)  Implied
C)  Express
D)  Partial
E)  Concurrent

Question 14

Which of the following is used as a basis for discharge by operation of law when performance is still objectively possible but would be extraordinarily injurious or expensive to one party?

Accepted Answer

A)  Commercial impracticability
B)  Frustration of purpose
C)  Alteration of the contract
D)  Anticipatory renunciation
E)  Anticipatory repudiation

Question 15

An offer for the sale of a vehicle contained the condition that the buyer must return the signed offer with a $1,000 deposit upon acceptance.The requirement to send $1,000 is an example of what type of condition?

Accepted Answer

A)  At large
B)  Implied
C)  Concurrent
D)  Conditional
E)  Express

Question 16

Completion of all of the terms of a contract is required for substantial performance.

Accepted Answer

A) True 
 B)False

Question 17

Describe the elements of substantial performance of a contract and the effect of a finding of substantial performance on damages.

Accepted Answer

Substantial performance occurs when the ...

Question 18

Courtney and Jonathan agreed that Jonathan would paint Courtney's home for $800 with Courtney supplying the paint.Jonathan went to Courtney's home on several occasions to do the job,but she never had the paint.Finally,he moved on to other jobs.Six months later,Courtney sued Jonathan for not painting her home.Who is likely to win and why? Include the legal term for Jonathan's offer of performance.

Accepted Answer

Jonathan is most likely to win...

Question 19

Yolef and Stacia enter into a contract for Stacia to cook a meal for Yolef and Yolef to pay Stacia $50.Yolef shows up at Stacia's house with $100 and hands it to Stacia.Stacia refuses to accept the money.Yolef has:

Accepted Answer

A)  Breached the contract
B)  Performed subject to satisfaction of a contracting party
C)  Not yet performed his duties under the contract
D)  Substantially performed his duties.
E)  Discharged his duties under the contract.

Question 20

Describe the three main situations in which the courts find objective impossibility.

Accepted Answer

The first situation in which courts find...

Exam 20: Discharge and Remedies

Contracts containing conditions affecting the performance obligations of the parties are called ________ contracts.

Correct Answer
verified

In England,parties who had contracted for rooms along a parade route for a king's coronation were refunded their money when the coronation was canceled because the king became ill.Which of the following doctrines arose from this decision?

Correct Answer
verified

What is the difference between performance and tender?

Correct Answer
verified

________ occurs when the parties' discharge their obligations by doing what they respectively agreed to do under the contract terms.

Correct Answer
verified

Which is NOT an example of a common equitable remedy used today?

Correct Answer
verified

Describe the three main situations in which the courts find objective impossibility.

Correct Answer
verified
The first situation in which courts find...
View Answer

Correct Answer
verified
Jonathan is most likely to win...
View Answer

Describe the elements of substantial performance of a contract and the effect of a finding of substantial performance on damages.

Correct Answer
verified
Substantial performance occurs when the ...
View Answer

Contractual conditions may be expressly inserted into the contract by the parties but may not be implied by law.

Correct Answer
verified

Yolef and Stacia enter into a contract for Stacia to cook a meal for Yolef and Yolef to pay Stacia $50.Yolef shows up at Stacia's house with $100 and hands it to Stacia.Stacia refuses to accept the money.Yolef has:

Correct Answer
verified

An offer for the sale of a vehicle contained the condition that the buyer must return the signed offer with a $1,000 deposit upon acceptance.The requirement to send $1,000 is an example of what type of condition?

Correct Answer
verified

Which of the following is used as a basis for discharge by operation of law when performance is still objectively possible but would be extraordinarily injurious or expensive to one party?

Correct Answer
verified

Which of the following is true regarding types of contractual conditions?

Correct Answer
verified

A[n] ________ discharges the non-breaching party from his or her obligations under the contract.

Correct Answer
verified

Parties can discharge their duty under a contract by tendering performance.

Correct Answer
verified

Completion of all of the terms of a contract is required for substantial performance.

Correct Answer
verified

A contractual condition of satisfaction is considered a[n] ________ condition that must be met before the other party's obligation to pay for the performance arises.

Correct Answer
verified

When the parties substitute a new agreement in place of the original,instead of canceling a contract,the parties have a[n] ________.

Correct Answer
verified

Regarding the appropriate amount of damages,if any,which of the following statements is true regarding the effect Michael's failure to meet his obligations under the building contract?

Correct Answer
verified

Which of the following types of damages are designed to punish the defendant and deter him and others from engaging in similar behavior in the future?

Correct Answer
verified

Exam 20: Discharge and Remedies

Contracts containing conditions affecting the performance obligations of the parties are called ________ contracts.

Correct AnswerverifiedShow Answer

In England,parties who had contracted for rooms along a parade route for a king's coronation were refunded their money when the coronation was canceled because the king became ill.Which of the following doctrines arose from this decision?

Correct AnswerverifiedShow Answer

What is the difference between performance and tender?

Correct AnswerverifiedShow Answer

________ occurs when the parties' discharge their obligations by doing what they respectively agreed to do under the contract terms.

Correct AnswerverifiedShow Answer

Which is NOT an example of a common equitable remedy used today?

Correct AnswerverifiedShow Answer

Describe the three main situations in which the courts find objective impossibility.

Correct AnswerverifiedThe first situation in which courts find...View AnswerShow Answer

Correct AnswerverifiedJonathan is most likely to win...View AnswerShow Answer

Describe the elements of substantial performance of a contract and the effect of a finding of substantial performance on damages.

Correct AnswerverifiedSubstantial performance occurs when the ...View AnswerShow Answer

Contractual conditions may be expressly inserted into the contract by the parties but may not be implied by law.

Correct AnswerverifiedShow Answer

Yolef and Stacia enter into a contract for Stacia to cook a meal for Yolef and Yolef to pay Stacia $50.Yolef shows up at Stacia's house with $100 and hands it to Stacia.Stacia refuses to accept the money.Yolef has:

Correct AnswerverifiedShow Answer

An offer for the sale of a vehicle contained the condition that the buyer must return the signed offer with a $1,000 deposit upon acceptance.The requirement to send $1,000 is an example of what type of condition?

Correct AnswerverifiedShow Answer

Which of the following is used as a basis for discharge by operation of law when performance is still objectively possible but would be extraordinarily injurious or expensive to one party?

Correct AnswerverifiedShow Answer

Which of the following is true regarding types of contractual conditions?

Correct AnswerverifiedShow Answer

A[n] ________ discharges the non-breaching party from his or her obligations under the contract.

Correct AnswerverifiedShow Answer

Parties can discharge their duty under a contract by tendering performance.

Correct AnswerverifiedShow Answer

Completion of all of the terms of a contract is required for substantial performance.

Correct AnswerverifiedShow Answer

A contractual condition of satisfaction is considered a[n] ________ condition that must be met before the other party's obligation to pay for the performance arises.

Correct AnswerverifiedShow Answer

When the parties substitute a new agreement in place of the original,instead of canceling a contract,the parties have a[n] ________.

Correct AnswerverifiedShow Answer

Regarding the appropriate amount of damages,if any,which of the following statements is true regarding the effect Michael's failure to meet his obligations under the building contract?

Correct AnswerverifiedShow Answer

Which of the following types of damages are designed to punish the defendant and deter him and others from engaging in similar behavior in the future?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
The first situation in which courts find...
View Answer

Correct Answer
verified
Jonathan is most likely to win...
View Answer

Correct Answer
verified
Substantial performance occurs when the ...
View Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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