Exam 18: Performance and Remedies

If there is no time specified in contract by the parties,then it is presumed that performance shall be completed whenever possible.

Which of the following promises is subject to a "strict performance" standard? Assume that performance of the promise is not an express condition of the promisee's duty to perform.

The substantial performance standard is more lenient than the strict performance standard of judicial contract legal interpretation.

Which form of damages involves a court ordering a party to a contract to perform his/her obligations under the contract?

Someone who attempts to recover for breach of contract:

Which of the following is also known as an implied-in-law condition since they are imposed by law rather than by agreement of the parties?

Bill contracts to build a building for Harvey.A few changes in the building code that were made after the contract was signed will increase Bill's costs in performing his duties.He is excused from performance under the contract.

Ms.White is contracted by Mr.Green to make her "world famous" apple pies.Ms.White has an accident,falls into a coma and the pies are not delivered to Mr.Green by the time stated in the contract.Ms.White will be considered in breach of her contract to Mr.Green.

Specific performance is almost never awarded in contracts for the sale of land.

Pat promises to install granite countertops in the home at 123 Main Street that Bruce is purchasing "provided that the escrow on the sale of 123 Main Street closes." The close of escrow on the sale of 123 Main Street is a condition precedent to Pat's promise.

Which of the following instances is sufficient reason to cause commercial impracticability?

Which of the following characterizes the statute of limitation?

On October 31,a Congressional candidate orders a quantity of campaign literature from a local printer.The stated time of performance is November 2.November 8 is Election Day.The printer is not delivered until November 9.Thus,the candidate refuses to pay the printer one cent.Is this position justified? Why or why not? Assume that nothing was said in the contract about time being of the essence.

Which of the following is a condition subsequent?

When is a person's duty to perform discharged on grounds of impossibility?

The term condition means an event that may affect a party's duty to perform under a contract.

Which of the following is the starting point in calculating the compensatory damages that the plaintiff had the right to expect?

An uncertain future event,the occurrence of which is necessary for the existence of a contractual obligation is called:

Mr.Green contracts with Mr.Brown to repair his roof.Mr.Brown is about 75% done when the deadline of the contract occurs.Which legal standard would prevent Mr.Brown from being considered to be in breach of his agreement with Mr.Green?

Stacey wanted someone to paint her house.Jessica offered to do it for $300 while Nancy offered to do it for $250.A few days after Stacey entered into a contract with Nancy,the latter increased her fees to $400.By this time,Jessica was not interested in entering into a contract with Stacey anymore.Stacey can seek to be compensated on the basis of a _____.