Question 1

The responsibility of Maurice to make arrangements to give the window installer access to the home is referred to as which of the following?

Accepted Answer

A)   A condition subsequent
B)   A condition precedent
C)   An implied condition
D)   An express condition
E)   An acknowledged conditionF) A) and E)
G) A) and B)

Question 2

Under ordinary circumstances,a party's duty to perform a promise agreed to in a contract is absolute.

Accepted Answer

A) True 
 B)False

Question 3

Which of the following occurs when parties agree that they simply wish to discharge each other from their mutual obligations and therefore rescind or cancel the contract?

Accepted Answer

A)   Accord and satisfaction
B)   Novation
C)   Substituted contract
D)   Mutual rescission
E)   AlterationF) C) and E)
G) All of the above

Question 4

Which of the following is not a way in which a contract may be discharged by operation of law?

Accepted Answer

A)   Alteration of the contract
B)   Bankruptcy
C)   Impossibility of performance
D)   Accord and satisfaction
E)   Commercial impracticabilityF) A) and D)
G) A) and C)

Question 5

Specific performance is an order requiring that the breaching party fulfill the terms of the agreement.

Accepted Answer

A) True 
 B)False

Question 6

Restitution is the return of any property given up under the contract.

Accepted Answer

A) True 
 B)False

Question 7

Set forth the three main situations in which the courts find objective impossibility.

Accepted Answer

The first situation in which courts find...

Question 8

Which of the following is true regarding Alice's refusal to keep Creaky and Toady?

Accepted Answer

A)   She is discharged from performance because of frustration of purpose.
B)   She is discharged from performance because of impossibility of performance.
C)   She committed a material breach.
D)   She failed to substantially perform but only committed an immaterial breach.
E)   She is guilty of only a nominal breach because she had a good excuse for breaching.F) A) and E)
G) B) and D)

Question 9

Liquidated damages will be enforced based upon the free-will concept of contracts even if the liquidated damages amount is unreasonable.

Accepted Answer

A) True 
 B)False

Question 10

A condition ______ is a particular event that must occur in order for a party's duty to arise.

Accepted Answer

A)   Precedent
B)   Subsequent
C)   Concurrent
D)   At large
E)   CertainF) C) and E)
G) A) and C)

Question 11

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

Accepted Answer

A)   Uncertain
B)   Conditional
C)   Unreasonable
D)   Voidable
E)   VoidF) A) and D)
G) C) and D)

Question 12

The most frequently awarded damages are compensatory damages.

Accepted Answer

A) True 
 B)False

Question 13

Bob's house was damaged by fire.He got three independent appraisals regarding the damage and submitted those to his insurer informing the insurer that he was willing to use the lowest appraisal as a basis for his insurance reimbursement.The adjuster for the insurance company asked Bob to submit to an oral examination under oath regarding the fire,but Bob refused.The insurance company denied reimbursement based on Bob's refusal to provide the examination under oath.Which of the following is true regarding whether Bob should be allowed to recover under the policy if the court follows the case in the text Hamilton v.State Farm Fire & Casualty Insurance Company?

Accepted Answer

A)   The insurer will prevail if it can establish actual prejudice based on Bob's refusal to provide an examination under oath.
B)   The insurer will prevail based on Bob's refusal to provide an examination under oath regardless of whether or not it can establish actual prejudice.
C)   Bob will prevail even if he refuses to provide an examination under oath, but he will not be allowed to recover penalties or attorney fees.
D)   Bob will prevail only if he is able to establish that the insurer was not prejudiced by his refusal to provide an examination under oath; and, assuming he is able to do so, he will be allowed to recover penalties and attorney fees.
E)   Bob will prevail without any obligation to establish that the insurer was not prejudiced by his refusal to provide an examination under oath, and he will also be allowed to recover penalties and attorney fees.F) A) and D)
G) None of the above

Question 14

When a party's obligations under a contract are terminated,the party is said to be ____.

Accepted Answer

A)   Finished
B)   Terminated
C)   Completed
D)   Discharged
E)   RecoursedF) B) and E)
G) C) and D)

Question 15

Rewriting a contract to reflect what the parties had agreed on is referred to as rescission.

Accepted Answer

A) True 
 B)False

Question 16

List the ways by which a party's contractual obligations can be terminated.

Accepted Answer

A party's contractual obligations can be...

Question 17

Monetary damages are also referred to as ______ damages.

Accepted Answer

A)   Equitable
B)   Fair
C)   Public
D)   Legal
E)   InjunctiveF) C) and D)
G) A) and C)

Question 18

Which of the following occurs when,instead of canceling a contract,the parties substitute a new agreement in place of the original?

Accepted Answer

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

Question 19

When no actual damages result from the breach of a contract,the court may award the plaintiff ______ damages.

Accepted Answer

A)   Consequential
B)   Punitive
C)   Liquidated
D)   Nominal
E)   RepugnantF) B) and E)
G) D) and E)

Question 20

What will Beverly seek in order to get Creaky and Toady returned from Betty?

Accepted Answer

A)   An injunction
B)   Compensation
C)   Punitive damages
D)   Nominal performance
E)   Adequate performanceF) C) and D)
G) B) and E)

Exam 20: Performance,Breach of Contract,discharge,and Remedies

When a party's obligations under a contract are terminated,the party is said to be ____.

Correct Answer
verified

Which of the following is not a way in which a contract may be discharged by operation of law?

Correct Answer
verified

Rewriting a contract to reflect what the parties had agreed on is referred to as rescission.

Correct Answer
verified

List the ways by which a party's contractual obligations can be terminated.

Correct Answer
verified
A party's contractual obligations can be...
View Answer

A condition ______ is a particular event that must occur in order for a party's duty to arise.

Correct Answer
verified

The most frequently awarded damages are compensatory damages.

Correct Answer
verified

Correct Answer
verified

When no actual damages result from the breach of a contract,the court may award the plaintiff ______ damages.

Correct Answer
verified

Which of the following occurs when parties agree that they simply wish to discharge each other from their mutual obligations and therefore rescind or cancel the contract?

Correct Answer
verified

Restitution is the return of any property given up under the contract.

Correct Answer
verified

Which of the following is true regarding Alice's refusal to keep Creaky and Toady?

Correct Answer
verified

Under ordinary circumstances,a party's duty to perform a promise agreed to in a contract is absolute.

Correct Answer
verified

What will Beverly seek in order to get Creaky and Toady returned from Betty?

Correct Answer
verified

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

Correct Answer
verified

Liquidated damages will be enforced based upon the free-will concept of contracts even if the liquidated damages amount is unreasonable.

Correct Answer
verified

The responsibility of Maurice to make arrangements to give the window installer access to the home is referred to as which of the following?

Correct Answer
verified

Monetary damages are also referred to as ______ damages.

Correct Answer
verified

Set forth the three main situations in which the courts find objective impossibility.

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

Specific performance is an order requiring that the breaching party fulfill the terms of the agreement.

Correct Answer
verified

Which of the following occurs when,instead of canceling a contract,the parties substitute a new agreement in place of the original?

Correct Answer
verified

Exam 20: Performance,Breach of Contract,discharge,and Remedies

When a party's obligations under a contract are terminated,the party is said to be ____.

Correct AnswerverifiedShow Answer

Which of the following is not a way in which a contract may be discharged by operation of law?

Correct AnswerverifiedShow Answer

Rewriting a contract to reflect what the parties had agreed on is referred to as rescission.

Correct AnswerverifiedShow Answer

List the ways by which a party's contractual obligations can be terminated.

Correct AnswerverifiedA party's contractual obligations can be...View AnswerShow Answer

A condition ______ is a particular event that must occur in order for a party's duty to arise.

Correct AnswerverifiedShow Answer

The most frequently awarded damages are compensatory damages.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

When no actual damages result from the breach of a contract,the court may award the plaintiff ______ damages.

Correct AnswerverifiedShow Answer

Which of the following occurs when parties agree that they simply wish to discharge each other from their mutual obligations and therefore rescind or cancel the contract?

Correct AnswerverifiedShow Answer

Restitution is the return of any property given up under the contract.

Correct AnswerverifiedShow Answer

Which of the following is true regarding Alice's refusal to keep Creaky and Toady?

Correct AnswerverifiedShow Answer

Under ordinary circumstances,a party's duty to perform a promise agreed to in a contract is absolute.

Correct AnswerverifiedShow Answer

What will Beverly seek in order to get Creaky and Toady returned from Betty?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Liquidated damages will be enforced based upon the free-will concept of contracts even if the liquidated damages amount is unreasonable.

Correct AnswerverifiedShow Answer

The responsibility of Maurice to make arrangements to give the window installer access to the home is referred to as which of the following?

Correct AnswerverifiedShow Answer

Monetary damages are also referred to as ______ damages.

Correct AnswerverifiedShow Answer

Set forth the three main situations in which the courts find objective impossibility.

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

Specific performance is an order requiring that the breaching party fulfill the terms of the agreement.

Correct AnswerverifiedShow Answer

Which of the following occurs when,instead of canceling a contract,the parties substitute a new agreement in place of the original?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A party's contractual obligations can be...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified