FiltersDone

Question type

Essay

Multiple Choice

Short Answer

True False

Matching

Exam 20: Discharge and Remedies

Show Answer

Share

---

All types

Filters

Study FlashcardsPractice ExamLearn

Question 1

Multiple Choice

Review LaterAdd Note

Review Later

The provision that the seller will release Jacob from any obligation if he loses his job is a ________.

A) A condition concurrent
B) A condition subsequent
C) An exculpatory condition
D) A condition precedent
E) A bona fide condition

F) A) and E)
G) A) and C)

Correct Answer

verified

Show Answer

Question 2

Multiple Choice

Review LaterAdd Note

Review Later

Kelly contracts with Raphael for Raphael to bring a pony to her daughter's birthday party in exchange for $100.Kelly later learns her daughter is frightened of ponies.She contacts Raphael and Raphael agrees to bring a donkey to the party for $50 instead.Which of the following is true of the original agreement involving the pony and the $100?

A) It was discharged by novation
B) It was discharged by accord and satisfaction
C) It was breached
D) It was discharged by mutual rescission
E) It was discharged by substituted contract

F) A) and B)
G) B) and E)

Correct Answer

verified

Show Answer

Question 3

Multiple Choice

Review LaterAdd Note

[Bathroom Mess] For $300,000,Michael agreed to build a new home for Ashton,who is very picky.Michael built the home to Ashton's specifications with one exception: the faucets and flooring in the upstairs bathroom were not exactly what Ashton specified.That was a mistake on Michael's part,but he did not intentionally fail to follow the specifications.When Ashton saw the bathroom,she went ballistic and told Michael that she would not pay Michael anything for the house.It will take $300 to put in the correct faucets and flooring.Michael responded that he is willing to pay $300 to put Ashton in the position she would have been in had the correct faucets and flooring been used,but that is all he is willing to pay -Which statement is true regarding the breach,if any,that occurred between Michael and Ashton?

The court may award the plaintiff ________ damages when no actual damages result from the breach of a contract.

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.Yolef's actions are an example of:

Describe the actions that bring about an anticipatory repudiation of a contract,and the rights of a non-breaching party when faced with anticipatory repudiation.

Which of the following is used when,by agreement,one of the parties substitutes a different performance for his or her original duty under the contract?

Alexandra and Tomas enter into a contract in which Tomas agrees to install a new door for Alexandra and to install a new silver doorknob.Tomas installs the door,but silver doorknobs are out of stock so he finds a chrome knob that he believes looks silver and he installs it.Which of the following describes Tomas' performance of his duties?

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

A condition ________ is a future event that terminates the obligations of the parties when it occurs.

Carrie and Peter enter into a contract in which Carrie agrees to wash Peter's car once a week as long as Peter tutors Carrie's son in math and Peter never comes home with a grade below B+.This is an example of which type of conditional contract?

When each party's performance is conditioned on the performance of the other,which of the following conditions occur?

[Dream Home] Jacob finds a dream home on the lake.He wants to buy it but is unsure whether he can get a loan.He signs a contract with the seller that he will buy the home provided that he can obtain a loan.Jacob also includes a clause in the contract with the seller stating that if he loses his job before the date the purchase contract is signed,the seller will release him from any obligation.After obtaining a loan and buying the home,Jacob decides he wants to have new windows installed.He enters into a contract with a window contractor.The window contractor visits the home,but never finds Jacob there.The contractor makes several attempts to reach Jacob,but Jacob does not return phone calls and makes no attempt to assist the contractor in arranging the window installation. -The provision that the seller will release Jacob unless he is able to obtain a loan is a ________.

Which type of damages are foreseeable damages that result from special facts and circumstances arising outside the contract itself,and are within the contemplation of the parties at the time the contract was made?

Compensatory damages are frequently awarded damages.

Which term describes when a party unjustifiably fails to substantially perform his or her obligations under the contract?

Caroline goes to work for a soft drink company who own a proprietary recipe.She signs a non-disclosure agreement.When she is fired,she threatens to go public with the company's recipe.The company wants to stop her.They should seek an) ________.

If a woman is having a dress custom made for her,the ________ standard applies.

Whenever a party fails to perform his or her obligations under the contract,a ________ occurs.

Penelope agrees to sell 100 pounds of sugar to Vito in June.In May,Penelope discovers there is a major sugar shortage and she would have to pay her supplier 1000 times more than expected.She alerts Vito in May that she does not intend to sell him the sugar.This is an example of: