Deck 9: Performance and Discharge of the Contract
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Deck 9: Performance and Discharge of the Contract
1
A method of discharging contractual obligations by agreement is
A)rescission.
B)release.
C)novation.
D)all of the above.
A)rescission.
B)release.
C)novation.
D)all of the above.
D
2
Discharge by performance occurs by
A)completion.
B)breach.
C)statute.
D)release.
A)completion.
B)breach.
C)statute.
D)release.
D
3
A method of discharge by nonperformance is
A)frustration of purpose.
B)impossibility of performance.
C)all of the above.
D)none of the above.
A)frustration of purpose.
B)impossibility of performance.
C)all of the above.
D)none of the above.
C
4
Performance occurs when the parties complete their obligations under the contract.
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5
Which of the following is a condition implied by a court?
A)Precedent
B)Subsequent
C)Constructive condition
D)Concurrent condition
A)Precedent
B)Subsequent
C)Constructive condition
D)Concurrent condition
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6
An agreed change of contractual obligations is
A)rescission.
B)modification.
C)release.
D)conditional.
A)rescission.
B)modification.
C)release.
D)conditional.
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7
Parties cannot discharge their obligations by agreement.
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8
A condition qualifies the contractual obligation.
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9
Discharge occurs when the parties are relieved of their contractual obligations.
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10
A contract that settles disputed claims is which of the following?
A)Satisfaction
B)Accord
C)Accord and satisfaction
D)None of the above
A)Satisfaction
B)Accord
C)Accord and satisfaction
D)None of the above
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11
Which of the following is a method of discharge by nonperformance in the commercial context?
A)Impracticability
B)Release
C)Breach
D)Frustration of purpose
A)Impracticability
B)Release
C)Breach
D)Frustration of purpose
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12
Discharge by operation of law occurs through which of the following?
A)Bankruptcy
B)Statute of limitations
C)All of the above
D)None of the above
A)Bankruptcy
B)Statute of limitations
C)All of the above
D)None of the above
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13
The failure of a party to perform contractual obligations is
A)release.
B)integration.
C)rescission.
D)breach.
A)release.
B)integration.
C)rescission.
D)breach.
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14
An express condition is presumed under the law.
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15
A new contract in substitution of an old contract is which of the following?
A)Breach
B)Rescission
C)Release
D)Novation
A)Breach
B)Rescission
C)Release
D)Novation
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16
Novation is not a method of discharge.
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17
A condition precedent qualifies the obligation after the contract is consummated.
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18
Breach occurs when a party fails to perform contractual obligations.
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19
Discharge can occur because of impossibility of performance.
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20
Modification is a method to alter obligations under a contract.
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21
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