Exam 9: The End of the Contractual Relationship

Cleo entered into a contract with Harvey in June to redecorate his apartment before Christmas.However,in the middle of October,she informed him that she would not be able to do his job because she had been offered a big contract in Japan that would take her away until spring.Which of the following is true with respect to this situation?

Joe paid Sam a debt owed of $50,000 by giving him 10,000 $5 bills.Sam refused to accept the payment.Explain this legal position.

Which of the following is true with regard to remedies for breach of contract?

For a contract to be ended by agreement,there must be consideration as well as agreement on both sides.

What is the importance of the distinction between a breach of warranty and a breach of condition?

Discuss frustration in contract law and indicate when it is available and how and why it has been modified by statute.

Dagney was an author of a popular series of children's books.She signed an agreement with her publisher,in which she agreed to have a new book in the series written by October 15th.As noted in the contract,the timing was critical to ensuring the books would be on the shelves before Christmas and in order to coincide with a massive promotion the publisher had been planning.Dagney had a terrible case of writer's block.By October 3rd,she realized that there was no way that she would have the book finished by the deadline.She emailed her publisher,admitting that she would not have the book finished in time.What are the publisher's options?

Suppliers of goods and services try to eliminate their liability,and the courts have discouraged this by applying the principle that some failures are so significant that there is no performance of the contract.This concept is known as

The claim of frustration is not available in which of the following circumstances?

The courts will grant an order of specific performance to compel performance of a contract for personal services.

Joe agreed to buy a car from Sam at Sam's Used Car Lot for $10,000 with a $100 deposit.The next day,before he took delivery,he changed his mind and refused to go through with the deal.Sam kept the deposit and sued Joe for breach of contract.Indicate what kind of remedy he would be entitled to.

Which of the following is true with regard to ending a contract by performance,agreement,frustration,or breach?

Which of the following is true with regard to tender of performance?

In Nicolaou v.Sobhani the parties had a contract for the purchase and sale of a lot.Before the completion date the purchaser alleged misrepresentation on the lot size and instructed their lawyer to ask for the return of the deposit.Was this an anticipatory breach that entitled the seller to keep the deposit? What risk reduction should parties consider in this situation?

Connie enters into an agreement with Razmin,a local artist,to showcase a particular one of her sculptures at a prestigious art show.The day before the show,the gallery where the sculpture was being stored burns to the ground.Which of the following represents the most likely outcome?

What is the result of a repudiation?

Joe agreed to sell Sam his model-T Ford automobile.The day before delivery,he took it out for one last drive.Through his own fault,he got into a collision in which the car was destroyed.Because it was impossible to go through with the terms of the contract,he claimed that it was frustrated.Discuss the legal position of the parties.

Which of the following is false with regard to remedies for breach of contract?

When a person informs you before performance is due that he is not going to perform the contract,you don't have to wait to see if he does perform.You can make other arrangements and sue right away.

Explain how the remedy of damages is applied in contract law and any limitation on the availability of damages.