Exam 17: Performance and Discharge

Real Cheap Painters, Inc., agrees to paint Quint's house, using a particular brand of "discount" paint. Real Cheap completes the job but uses a different brand of discounted paint. This is most likely

Clyde contracts with Deephole Excavation, Inc., to dig an agricultural pond on his farm. Deephole is to keep the excavated gravel in payment. Clyde's neighbor Eden challenges the dig as an illegal gravel pit. A court orders a halt to the dig. Clyde's contract with Deephole is

Anticipatory repudiation discharges a contract.

Investment Properties, Inc., hires Justus Construction Company to renovate the interior of Investment's office building. Justus submits plans that Investment approves. Justus completes the major reconstruction, paints the interior, and buys the fixtures and furnishings. Investment rejects some of the furnishings because they do not match the plans, and subsequently refuses to allow Justus to finish the work or to collect payment. Could Justus sue successfully for payment for the entire contract

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

Fact Pattern 17-A1 Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual’s investments. -Refer to Fact Pattern 17-A1. Neil's performance is most likely

Any breach allows the nonbreaching party to sue for damages.

A breach of contract occurs only when a party fails to perform all of his or her duties under a contract.

A compromise that arises out of a dispute over the obligations under a contract may be substituted for the original contract.

When a contract party alters a written contract, the other party must adapt his or her performance accordingly.

Quito contracts with Rewind Graphix, Inc., to pay $5,000 for its work on the animated film "Song." After Rewind performs, they sign an accord, in which Quito promises to pay $4,000 within ten days instead of $5,000 later. But Quito does not pay. Rewind can sue Quito under

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

Safe-T Guard Services enters into a contract to secure Taylor's Business Park from vandalism and theft between 6 p.m. and 6 a.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

Fact Pattern 17-A2 Evelyn, who owns and operates Eve’s Farm & Garden Company, agrees to sell Hill & Dale Produce, Inc., fifty bush¬els of apples. -Refer to Fact Pattern 17-A2. When bad weather destroys Eve's Garden's apple crop, the obligation to deliver apples to Hill & Dale is

A contract is discharged when a change in the law renders the performance illegal.

Even-Bilt Construction contracts to build a warehouse for Discount E-Sales Company. Even-Bilt completely performs. Discount E-Sales is entitled to

In most contracts, promises of performance are not expressly conditioned.

Ruth contracts to provide Shelly with fifty hours of telepathic personal coaching. The state legislature subsequently passes a law making telepathic personal coaching illegal. This law will

Frisco agrees to lease an apartment from Gina for one day to see Harry, the president of the United States, deliver a speech in the street below. The speech is canceled ten days before its scheduled date. The contract

Lake Port Services enters into a contract to load Max's Great Lakes barges with the cargo that Max designates. Lake Port's offer to perform, when Lake Port is ready, willing, able to do so, is