Exam 17: Performance and Discharge

A contract will be discharged if foreseeable circumstances make it impossible to attain the contract's purpose.

Belle enters into a contract to subdivide and sell housing lots in Cole's hillside field if Dell City annexes the property within the next year. Belle's duty to perform is

If a contract condition is not satisfied, the obligations of the contracting parties are discharged.

Fact Pattern 17-A2 Eve, who owns and operates Eve's Garden, agrees to sell Fresh Produce Company ten bush?els of apples. -Refer to Fact Pattern 17-A2. Through no fault of Eve's Garden, a fire de?stroys the apples before they are delivered. This circumstance

Any breach allows the nonbreaching party to sue for damages.

Roy and Sheila are parties to a contract. They subse?quently agree that Tony should take Roy's place and assume all of his rights and duties under the contract. This is

A contract that involves mechanical fitness is a contract in which per?formance must per?sonally satisfy the party to whom per?formance is owed.

Flo agrees to work as Gary's personal accountant for one year but dies in the sixth month of the contract. Flo's estate

Safe-T Guard Services enters into a contract to secure Taylor's Business Park from vandalism and theft between 6 p.m. and 6a.m. nightly for six months. At the end of the term, if there has been no vandalism or theft in the Park, Safe-T's performance will have been

A party who substantially performs his or her duties under a con?tract can enforce the contract against the other party.

A novation revokes and discharges a prior contract.

Fact Pattern 17-A2 Eve, who owns and operates Eve's Garden, agrees to sell Fresh Produce Company ten bush?els of apples. -Refer to Fact Pattern 17-A2. Eve dies before the apples are delivered to Fresh Produce. This circumstance

Fact Pattern 17-A2 Eve, who owns and operates Eve's Garden, agrees to sell Fresh Produce Company ten bush?els of apples. -Mona and Nero want to discharge their contract by executing and per?forming a new agreement. They can best accomplish this by

Elin contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vines Winery for $1,200. The contract states that delivery is to be made at Elin's residence "on or before May 1, to be used for daughter's wedding reception on May 2." On May 1, Grapes & Vines's delivery van is involved in an accident, and no wine is delivered that day. On the morning of May 2, Elin buys the wine from Happy Hill Winery. That afternoon, just before the reception, Grapes & Vines tenders delivery of the wine at Elin's residence. Elin refuses tender. Grapes & Vines sues Elin for breach of contract. How is the court most likely to rule?

Any breach discharges the nonbreaching party from the contract.

Most contracts are discharged by rescission.

Conditions subsequent are more common than conditions precedent.

Contracts that are executory on both sides can be rescinded by agreement.

An event must be certain to occur to constitute a contractual condition.

Concurrent conditions occur only when the parties to a contract are re?quired to per?form their respective duties simultaneously.