Question 1

Concurrent conditions arise when there is both a condition precedent and a condition subsequent.

Accepted Answer

A) True 
 B)False

Question 2

Ron operates a garbage pickup business.He contracts to pick up garbage from an apartment complex for the next 52 weeks at a price of $150 per week.Unexpectedly,the landfill center where Ron takes the garbage to dispose of it,files for bankruptcy.As a result,Ron must travel an additional 100 miles to the nearest landfill center,turning Ron's expected profit into a loss of $40 per week.Ron's best argument in support of his petition to be discharged from the contract is

Accepted Answer

A) the mail box rule. 
B) commercial impracticability. 
C) frustration of purpose. 
D) true impossibility. 
A) the mail box rule. 
B) commercial impracticability. 
C) frustration of purpose. 
D) true impossibility.

Question 3

Buddy was hired to play drums for a rock group scheduled to tour the Midwest.Part way through the tour,Buddy was tragically killed in a plane crash.The tour had to be discontinued until a new drummer could be found.The band lost money on the tour.Is Buddy's estate or agent responsible for the loss to the band?

Accepted Answer

True impossibility of performance termin

Question 4

A court may,at times,discharge a party who has not performed.

Accepted Answer

A) True 
 B)False

Question 5

Ramon purchased 5,000 pounds of coffee from Quick Jump Coffee.The coffee was to be delivered on September 1.Since the contract included a date for performance,time is of the essence and the delivery date is strictly enforceable.

Accepted Answer

A) True 
 B)False

Question 6

Sea Rovers,Inc.contracted to sell 1,000 pounds of shrimp to the Seafood Shack with delivery on June 1.On May 1,Sea Rovers advised the Seafood Shack that it would not be able to deliver the shrimp.The Seafood Shack

Accepted Answer

A) can sue Sea Rovers immediately for breach of contract. 
B) must wait until June 1 to see if Sea Rovers will perform before suing for breach of contract. 
C) cannot sue Sea Rovers because Sea Rovers gave adequate notice. 
D) must wait until actual damages are determined before it can sue. 
A) can sue Sea Rovers immediately for breach of contract. 
B) must wait until June 1 to see if Sea Rovers will perform before suing for breach of contract. 
C) cannot sue Sea Rovers because Sea Rovers gave adequate notice. 
D) must wait until actual damages are determined before it can sue.

Question 7

Harry agreed to pay $100 to rent a rooftop spot in downtown Seattle to watch the New Year's Eve festivities.The festivities were unexpectedly canceled because of concern over a terrorist attack.Harry is

Accepted Answer

A) obligated to pay the $100. 
B) not obligated to pay under the commercial impracticability doctrine. 
C) not obligated to pay under the force majeure doctrine. 
D) not obligated to pay under the frustration of purpose doctrine. 
A) obligated to pay the $100. 
B) not obligated to pay under the commercial impracticability doctrine. 
C) not obligated to pay under the force majeure doctrine. 
D) not obligated to pay under the frustration of purpose doctrine.

Question 8

Name and describe the types of conditions,explain how conditions are created,and discuss whether it is important to identify the type of condition in a contract.

Accepted Answer

A condition is an event that must occur

Question 9

The legal right to sue for a breach of contract is subject to a statute of limitations.

Accepted Answer

A) True 
 B)False

Question 10

A contract between a company in the U.S.and one in China,contained a clause that stated: "If an event happens which is extraordinary and out of the control of the parties such as a strike,act of God,fire,accident,or transportation difficulties,then the affected party shall be relieved of its obligations under the contract." This type of clause is

Accepted Answer

A) an objective impossibility clause. 
B) a force majeure clause. 
C) a concurrent condition clause. 
D) a condition precedent clause. 
A) an objective impossibility clause. 
B) a force majeure clause. 
C) a concurrent condition clause. 
D) a condition precedent clause.

Question 11

Oxtron,Inc.substantially performed its obligations under a service contract.Oxtron is entitled to receive

Accepted Answer

A) the full contract price. 
B) substantially nothing. 
C) the fair market value of its performance. 
D) the full contract price minus the value of the defects. 
A) the full contract price. 
B) substantially nothing. 
C) the fair market value of its performance. 
D) the full contract price minus the value of the defects.

Question 12

Melody is a recent graduate of State Law School.She lands an impressive employment contract with the firm of Dewey,Cheathem,and Howe,Attorneys at Law,on the stated provision that she pass the upcoming bar exam.This provision in the employment agreement is a(n)

Accepted Answer

A) condition precedent. 
B) condition subsequent. 
C) implied condition. 
D) concurrent condition. 
A) condition precedent. 
B) condition subsequent. 
C) implied condition. 
D) concurrent condition.

Question 13

The distinction between a condition precedent and a condition subsequent

Accepted Answer

A) is important because it determines whether the burden of proof is beyond a reasonable doubt or preponderance of the evidence. 
B) seldom arises in insurance cases. 
C) determines who has the burden of proof. 
D) is important because it determines whether the condition must be express or whether it can be implied. 
A) is important because it determines whether the burden of proof is beyond a reasonable doubt or preponderance of the evidence. 
B) seldom arises in insurance cases. 
C) determines who has the burden of proof. 
D) is important because it determines whether the condition must be express or whether it can be implied.

Question 14

Which of the following statements is accurate regarding a condition?

Accepted Answer

A) A condition is created only when the phrase "provided that" or a similar phrase introduces it. 
B) A condition is an event that must occur before a party becomes obligated under a contract. 
C) A condition must be expressly stated in order to be enforced. 
D) A condition will not be enforced by the courts unless formal language is used, regardless of the intent of the parties to create a condition. 
A) A condition is created only when the phrase "provided that" or a similar phrase introduces it. 
B) A condition is an event that must occur before a party becomes obligated under a contract. 
C) A condition must be expressly stated in order to be enforced. 
D) A condition will not be enforced by the courts unless formal language is used, regardless of the intent of the parties to create a condition.

Question 15

Assume that Jessie and Lester have formed a contract whereby Jessie agrees to deliver 10,000 dozen "Grade A Large Eggs" to be shipped in paper cartons.A shortage of paper makes paper cartons much more expensive,so Jessie uses styrofoam cartons and ships the eggs.Lester is entitled to cancel the contract based on a material breach of the contract.

Accepted Answer

A) True 
 B)False

Question 16

Jackie hires Charles to lay new carpet in her bedroom.Charles does such a bad job,that the only way to fix the carpet is to start over and relay the carpet.Which of the following best describes this situation?

Accepted Answer

A) This is substantial performance.Jackie must still pay something to Charles. 
B) This is a material breach. Jackie must still pay something to Charles. 
C) This is substantial performance. Jackie owes nothing to Charles. 
D) This is a material breach. Jackie owes nothing to Charles. 
A) This is substantial performance.Jackie must still pay something to Charles. 
B) This is a material breach. Jackie must still pay something to Charles. 
C) This is substantial performance. Jackie owes nothing to Charles. 
D) This is a material breach. Jackie owes nothing to Charles.

Question 17

Most contracts are discharged by mutual agreement of the parties.

Accepted Answer

A) True 
 B)False

Question 18

What does it mean if a party to a contract has been discharged?

Accepted Answer

A) It means that person has been "let go" and has terminated the contract. 
B) It means that person has "transferred" by assigning his or her duties to another party. 
C) It means that person is "finished" and has no more duties under the contract. 
D) It means that person has "delegated" and chosen to give up his or her contract rights. 
A) It means that person has been "let go" and has terminated the contract. 
B) It means that person has "transferred" by assigning his or her duties to another party. 
C) It means that person is "finished" and has no more duties under the contract. 
D) It means that person has "delegated" and chosen to give up his or her contract rights.

Question 19

Which of the following statements is accurate concerning express conditions?

Accepted Answer

A) A court will enforce any express conditions intended by the parties. 
B) A court may refuse to enforce an express condition intended by the parties if the court determines it is unfair and harmful to the general public. 
C) A court requires strict performance if a clause of the contract expressly demands it. 
D) A court applies an objective standard whenever ruling on a personal satisfaction contract. 
A) A court will enforce any express conditions intended by the parties. 
B) A court may refuse to enforce an express condition intended by the parties if the court determines it is unfair and harmful to the general public. 
C) A court requires strict performance if a clause of the contract expressly demands it. 
D) A court applies an objective standard whenever ruling on a personal satisfaction contract.

Question 20

Commercial impracticability means some event has occurred that neither partyanticipated and fulfilling the contract would now be extraordinarily difficult and unfair to oneparty.

Accepted Answer

A) True 
 B)False

Exam 18: Performance, Breach and Discharge

Concurrent conditions arise when there is both a condition precedent and a condition subsequent.

A court may,at times,discharge a party who has not performed.

Ramon purchased 5,000 pounds of coffee from Quick Jump Coffee.The coffee was to be delivered on September 1.Since the contract included a date for performance,time is of the essence and the delivery date is strictly enforceable.

Sea Rovers,Inc.contracted to sell 1,000 pounds of shrimp to the Seafood Shack with delivery on June 1.On May 1,Sea Rovers advised the Seafood Shack that it would not be able to deliver the shrimp.The Seafood Shack

Harry agreed to pay $100 to rent a rooftop spot in downtown Seattle to watch the New Year's Eve festivities.The festivities were unexpectedly canceled because of concern over a terrorist attack.Harry is

Name and describe the types of conditions,explain how conditions are created,and discuss whether it is important to identify the type of condition in a contract.

The legal right to sue for a breach of contract is subject to a statute of limitations.

Oxtron,Inc.substantially performed its obligations under a service contract.Oxtron is entitled to receive

Melody is a recent graduate of State Law School.She lands an impressive employment contract with the firm of Dewey,Cheathem,and Howe,Attorneys at Law,on the stated provision that she pass the upcoming bar exam.This provision in the employment agreement is a(n)

The distinction between a condition precedent and a condition subsequent

Which of the following statements is accurate regarding a condition?

Jackie hires Charles to lay new carpet in her bedroom.Charles does such a bad job,that the only way to fix the carpet is to start over and relay the carpet.Which of the following best describes this situation?

Most contracts are discharged by mutual agreement of the parties.

What does it mean if a party to a contract has been discharged?

Which of the following statements is accurate concerning express conditions?

Commercial impracticability means some event has occurred that neither partyanticipated and fulfilling the contract would now be extraordinarily difficult and unfair to oneparty.

Introduction to Law

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International Law

Common Law, Statutory Law, and Administrative Law

Constitutional Law

Dispute Resolution

Crime

Intentional Torts and Business Torts

Negligence, Strict Liability, and Product Liability

Cyberlaw and Privacy

Introduction to Contracts

Agreement

Consideration

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Capacity and Consent

Written Contracts

Third Parties

Remedies

Practical Contracts

Introduction to Sales

Ownership, Risk and Warranties

Performance and Remedies

Secured Transactions

Creating a Negotiable Instrument

Liability for Negotiable Instruments

Accountants' Liability

Agency Law

Employment and Labor Law

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Starting a Business: LLCs and Other Options

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Life and Death of a Corporation

Management Duties

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Planning for the Future: Estates and Insurance

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