Deck 9: Performance and Discharge of the Contract

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Question
A method of discharging contractual obligations by agreement is

A)rescission.
B)release.
C)novation.
D)all of the above.
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Question
Discharge by performance occurs by

A)completion.
B)breach.
C)statute.
D)release.
Question
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.
Question
Performance occurs when the parties complete their obligations under the contract.
Question
Which of the following is a condition implied by a court?

A)Precedent
B)Subsequent
C)Constructive condition
D)Concurrent condition
Question
An agreed change of contractual obligations is

A)rescission.
B)modification.
C)release.
D)conditional.
Question
Parties cannot discharge their obligations by agreement.
Question
A condition qualifies the contractual obligation.
Question
Discharge occurs when the parties are relieved of their contractual obligations.
Question
A contract that settles disputed claims is which of the following?

A)Satisfaction
B)Accord
C)Accord and satisfaction
D)None of the above
Question
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
Question
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
Question
The failure of a party to perform contractual obligations is

A)release.
B)integration.
C)rescission.
D)breach.
Question
An express condition is presumed under the law.
Question
A new contract in substitution of an old contract is which of the following?

A)Breach
B)Rescission
C)Release
D)Novation
Question
Novation is not a method of discharge.
Question
A condition precedent qualifies the obligation after the contract is consummated.
Question
Breach occurs when a party fails to perform contractual obligations.
Question
Discharge can occur because of impossibility of performance.
Question
Modification is a method to alter obligations under a contract.
Question
Match between columns
A new contract in substitution of an old one.
accord and satisfaction
A new contract in substitution of an old one.
condition precedent
A new contract in substitution of an old one.
impracticability
A new contract in substitution of an old one.
condition subsequent
A new contract in substitution of an old one.
statute of limitations
A new contract in substitution of an old one.
breach
A new contract in substitution of an old one.
performance
A new contract in substitution of an old one.
rescission
A new contract in substitution of an old one.
concurrent
A new contract in substitution of an old one.
novation
Commercial method of impossibility of performance.
accord and satisfaction
Commercial method of impossibility of performance.
condition precedent
Commercial method of impossibility of performance.
impracticability
Commercial method of impossibility of performance.
condition subsequent
Commercial method of impossibility of performance.
statute of limitations
Commercial method of impossibility of performance.
breach
Commercial method of impossibility of performance.
performance
Commercial method of impossibility of performance.
rescission
Commercial method of impossibility of performance.
concurrent
Commercial method of impossibility of performance.
novation
A condition that occurs at the same time.
accord and satisfaction
A condition that occurs at the same time.
condition precedent
A condition that occurs at the same time.
impracticability
A condition that occurs at the same time.
condition subsequent
A condition that occurs at the same time.
statute of limitations
A condition that occurs at the same time.
breach
A condition that occurs at the same time.
performance
A condition that occurs at the same time.
rescission
A condition that occurs at the same time.
concurrent
A condition that occurs at the same time.
novation
Completion of obligations to a contract.
accord and satisfaction
Completion of obligations to a contract.
condition precedent
Completion of obligations to a contract.
impracticability
Completion of obligations to a contract.
condition subsequent
Completion of obligations to a contract.
statute of limitations
Completion of obligations to a contract.
breach
Completion of obligations to a contract.
performance
Completion of obligations to a contract.
rescission
Completion of obligations to a contract.
concurrent
Completion of obligations to a contract.
novation
Condition that qualifies promise after contractual obligation.
accord and satisfaction
Condition that qualifies promise after contractual obligation.
condition precedent
Condition that qualifies promise after contractual obligation.
impracticability
Condition that qualifies promise after contractual obligation.
condition subsequent
Condition that qualifies promise after contractual obligation.
statute of limitations
Condition that qualifies promise after contractual obligation.
breach
Condition that qualifies promise after contractual obligation.
performance
Condition that qualifies promise after contractual obligation.
rescission
Condition that qualifies promise after contractual obligation.
concurrent
Condition that qualifies promise after contractual obligation.
novation
Condition that qualifies promise before contractual obligation occurs.
accord and satisfaction
Condition that qualifies promise before contractual obligation occurs.
condition precedent
Condition that qualifies promise before contractual obligation occurs.
impracticability
Condition that qualifies promise before contractual obligation occurs.
condition subsequent
Condition that qualifies promise before contractual obligation occurs.
statute of limitations
Condition that qualifies promise before contractual obligation occurs.
breach
Condition that qualifies promise before contractual obligation occurs.
performance
Condition that qualifies promise before contractual obligation occurs.
rescission
Condition that qualifies promise before contractual obligation occurs.
concurrent
Condition that qualifies promise before contractual obligation occurs.
novation
Time period to file a lawsuit.
accord and satisfaction
Time period to file a lawsuit.
condition precedent
Time period to file a lawsuit.
impracticability
Time period to file a lawsuit.
condition subsequent
Time period to file a lawsuit.
statute of limitations
Time period to file a lawsuit.
breach
Time period to file a lawsuit.
performance
Time period to file a lawsuit.
rescission
Time period to file a lawsuit.
concurrent
Time period to file a lawsuit.
novation
Failure to perform contractual obligations.
accord and satisfaction
Failure to perform contractual obligations.
condition precedent
Failure to perform contractual obligations.
impracticability
Failure to perform contractual obligations.
condition subsequent
Failure to perform contractual obligations.
statute of limitations
Failure to perform contractual obligations.
breach
Failure to perform contractual obligations.
performance
Failure to perform contractual obligations.
rescission
Failure to perform contractual obligations.
concurrent
Failure to perform contractual obligations.
novation
Voluntary agreement to terminate contractual obligations.
accord and satisfaction
Voluntary agreement to terminate contractual obligations.
condition precedent
Voluntary agreement to terminate contractual obligations.
impracticability
Voluntary agreement to terminate contractual obligations.
condition subsequent
Voluntary agreement to terminate contractual obligations.
statute of limitations
Voluntary agreement to terminate contractual obligations.
breach
Voluntary agreement to terminate contractual obligations.
performance
Voluntary agreement to terminate contractual obligations.
rescission
Voluntary agreement to terminate contractual obligations.
concurrent
Voluntary agreement to terminate contractual obligations.
novation
Contract to settle claims and disputes.
accord and satisfaction
Contract to settle claims and disputes.
condition precedent
Contract to settle claims and disputes.
impracticability
Contract to settle claims and disputes.
condition subsequent
Contract to settle claims and disputes.
statute of limitations
Contract to settle claims and disputes.
breach
Contract to settle claims and disputes.
performance
Contract to settle claims and disputes.
rescission
Contract to settle claims and disputes.
concurrent
Contract to settle claims and disputes.
novation
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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.
D
2
Discharge by performance occurs by

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.
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
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6
An agreed change of contractual obligations is

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
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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
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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
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13
The failure of a party to perform contractual obligations is

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
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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
Match between columns
A new contract in substitution of an old one.
accord and satisfaction
A new contract in substitution of an old one.
condition precedent
A new contract in substitution of an old one.
impracticability
A new contract in substitution of an old one.
condition subsequent
A new contract in substitution of an old one.
statute of limitations
A new contract in substitution of an old one.
breach
A new contract in substitution of an old one.
performance
A new contract in substitution of an old one.
rescission
A new contract in substitution of an old one.
concurrent
A new contract in substitution of an old one.
novation
Commercial method of impossibility of performance.
accord and satisfaction
Commercial method of impossibility of performance.
condition precedent
Commercial method of impossibility of performance.
impracticability
Commercial method of impossibility of performance.
condition subsequent
Commercial method of impossibility of performance.
statute of limitations
Commercial method of impossibility of performance.
breach
Commercial method of impossibility of performance.
performance
Commercial method of impossibility of performance.
rescission
Commercial method of impossibility of performance.
concurrent
Commercial method of impossibility of performance.
novation
A condition that occurs at the same time.
accord and satisfaction
A condition that occurs at the same time.
condition precedent
A condition that occurs at the same time.
impracticability
A condition that occurs at the same time.
condition subsequent
A condition that occurs at the same time.
statute of limitations
A condition that occurs at the same time.
breach
A condition that occurs at the same time.
performance
A condition that occurs at the same time.
rescission
A condition that occurs at the same time.
concurrent
A condition that occurs at the same time.
novation
Completion of obligations to a contract.
accord and satisfaction
Completion of obligations to a contract.
condition precedent
Completion of obligations to a contract.
impracticability
Completion of obligations to a contract.
condition subsequent
Completion of obligations to a contract.
statute of limitations
Completion of obligations to a contract.
breach
Completion of obligations to a contract.
performance
Completion of obligations to a contract.
rescission
Completion of obligations to a contract.
concurrent
Completion of obligations to a contract.
novation
Condition that qualifies promise after contractual obligation.
accord and satisfaction
Condition that qualifies promise after contractual obligation.
condition precedent
Condition that qualifies promise after contractual obligation.
impracticability
Condition that qualifies promise after contractual obligation.
condition subsequent
Condition that qualifies promise after contractual obligation.
statute of limitations
Condition that qualifies promise after contractual obligation.
breach
Condition that qualifies promise after contractual obligation.
performance
Condition that qualifies promise after contractual obligation.
rescission
Condition that qualifies promise after contractual obligation.
concurrent
Condition that qualifies promise after contractual obligation.
novation
Condition that qualifies promise before contractual obligation occurs.
accord and satisfaction
Condition that qualifies promise before contractual obligation occurs.
condition precedent
Condition that qualifies promise before contractual obligation occurs.
impracticability
Condition that qualifies promise before contractual obligation occurs.
condition subsequent
Condition that qualifies promise before contractual obligation occurs.
statute of limitations
Condition that qualifies promise before contractual obligation occurs.
breach
Condition that qualifies promise before contractual obligation occurs.
performance
Condition that qualifies promise before contractual obligation occurs.
rescission
Condition that qualifies promise before contractual obligation occurs.
concurrent
Condition that qualifies promise before contractual obligation occurs.
novation
Time period to file a lawsuit.
accord and satisfaction
Time period to file a lawsuit.
condition precedent
Time period to file a lawsuit.
impracticability
Time period to file a lawsuit.
condition subsequent
Time period to file a lawsuit.
statute of limitations
Time period to file a lawsuit.
breach
Time period to file a lawsuit.
performance
Time period to file a lawsuit.
rescission
Time period to file a lawsuit.
concurrent
Time period to file a lawsuit.
novation
Failure to perform contractual obligations.
accord and satisfaction
Failure to perform contractual obligations.
condition precedent
Failure to perform contractual obligations.
impracticability
Failure to perform contractual obligations.
condition subsequent
Failure to perform contractual obligations.
statute of limitations
Failure to perform contractual obligations.
breach
Failure to perform contractual obligations.
performance
Failure to perform contractual obligations.
rescission
Failure to perform contractual obligations.
concurrent
Failure to perform contractual obligations.
novation
Voluntary agreement to terminate contractual obligations.
accord and satisfaction
Voluntary agreement to terminate contractual obligations.
condition precedent
Voluntary agreement to terminate contractual obligations.
impracticability
Voluntary agreement to terminate contractual obligations.
condition subsequent
Voluntary agreement to terminate contractual obligations.
statute of limitations
Voluntary agreement to terminate contractual obligations.
breach
Voluntary agreement to terminate contractual obligations.
performance
Voluntary agreement to terminate contractual obligations.
rescission
Voluntary agreement to terminate contractual obligations.
concurrent
Voluntary agreement to terminate contractual obligations.
novation
Contract to settle claims and disputes.
accord and satisfaction
Contract to settle claims and disputes.
condition precedent
Contract to settle claims and disputes.
impracticability
Contract to settle claims and disputes.
condition subsequent
Contract to settle claims and disputes.
statute of limitations
Contract to settle claims and disputes.
breach
Contract to settle claims and disputes.
performance
Contract to settle claims and disputes.
rescission
Contract to settle claims and disputes.
concurrent
Contract to settle claims and disputes.
novation
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