Deck 17: B: Performance and Discharge

Question 1

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

Answer 1

False

Question 2

A party's obligations under a contract may be excused if,due to an unforeseen circumstance,the party's benefit will be reduced.

Answer 2

False

Question 3

When a condition operates to terminate a party's promise to per?for?m,it is a condition subsequent.

Answer 3

True

Question 4

Anticipatory repudiation discharges a contract.

Question 5

A discharge in bankruptcy will ordinarily bar enforcement of most of a debtor's contracts by creditors.

Question 6

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

Question 7

Express conditions are provided for by the parties' agreement.

Question 8

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

Question 9

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

Question 10

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

Question 11

If no time for performance is stated in a contract,any time is acceptable.

Question 12

Any breach allows the nonbreaching party to sue for damages.

Question 13

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

Question 14

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

Question 15

Tender is an unconditional offer to perform.

Question 16

A contract is substantially performed when performance creates sub?stan?tially the same benefits as those promised in the contract.

Question 17

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

Question 18

Most contracts need to be performed to per?sonally satisfy the party to whom per?formance is owed.

Question 19

Any breach excuses the nonbreaching party's duty to perform.

Question 20

A contract comes to an end when both parties fulfill their respective duties by performing the acts they have promised.

Question 21

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

A)an accord.
B)rescission.
C)novation.
D)nothing more.

Question 22

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

A)absolute.
B)conditional.
C)illusional.
D)irresolute.

Question 23

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

A)complete.
B)substantial.
C)tender.
D)tough.

Question 24

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 obliga?tion to deliver apples to Hill & Dale is

A)breached.
B)discharged.
C)not affected.
D)suspended.

Question 25

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?

Question 26

Commercial Construction,Inc.(CCI),contracts to build a store for Rita's Pizza Company with Rita's payment due on June 1.On June 1,Rita's bank is closed,and for this reason,Rita's claims it cannot pay on time.In this situation

A)CCI is in breach of contract.
B)Rita's is in breach of contract.
C)the contract is discharged.
D)the contract is suspended.

Question 27

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

A)a material breach.
B)a minor breach.
C)Mutual's breach.
D)no breach.

Question 28

Jen agrees to buy Kev's Dirt Bike business on the express condition that Valley Credit Union approves the financing.This approval is

A)a concurrent condition.
B)a condition precedent.
C)a condition subsequent.
D)an implied condition.

Question 29

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 the market price for apples exceeds the price in the contract with Hill & Dale,Evelyn decides not to deliver the apples.Evelyn's contract with Hill & Dale is

A)breached.
B)discharged.
C)not affected.
D)suspended.

Question 30

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 dif?ferent brand of discounted paint.This is most likely

A)an absolute excuse for Quint's refusal to pay.
B)a material breach.
C)complete performance.
D)substantial performance.

Question 31

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

A)breached.
B)discharged.
C)not affected.
D)suspended.

Question 32

Jane and Kelly want Lucy to replace Kelly as a party to their con?tract.They can best accomplish this by

A)a mutual agreement to rescind.
B)an accord and satisfaction.
C)a novation.
D)an alteration of the contract.

Question 33

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

A)neither the accord nor the original obligation.
B)the accord only.
C)the accord or the original obligation.
D)the original obligation only.

Question 34

Elton and Florida sign a contract by which Elton agrees to deliver and install a utility sink on May 15 in exchange for Florida's promise to pay the $150 price on May 15.The delivery and installation of the sink and the payment of the price are ex?amples of

A)conditions precedent.
B)concurrent conditions.
C)conditions subsequent.
D)implied conditions.

Question 35

Ruth contracts to provide Shelly with fifty hours of telepathic personal coaching.The state legisla?ture sub?sequently passes a law making tele?pathic personal coaching illegal.This law will

A)discharge the contract.
B)fulfill the contract.
C)not affect the contract.
D)require immediate performance of the contract.

Question 36

Lark enters into a contract to mine limestone in Milena's quarry,sell it,and share the profits on its sale with Milena.If the duties under this contract are discharged like those under most contracts,the duties will be

A)repudiated.
B)breached.
C)performed.
D)rescinded.

Question 37

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.Evelyn dies before the apples are delivered to Hill & Dale.Evelyn's contract with Hill & Dale is

A)breached.
B)discharged.
C)not affected.
D)suspended.

Question 38

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.With respect to Mutual's duties,Neil's performance most likely

A)discharges Mutual from the contract.
B)has no effect on Mutual's performance.
C)increases Mutual's duties under the contract.
D)suspends Mutual's duty to perform.

Question 39

Frisco agrees to lease an apart?ment from Gina for one day to see Harry,the president of the United States,deliver a speech in the street below.The speech is can?celed ten days before its scheduled date.The con?tract

A)is discharged.
B)is not affected.
C)is postponed until another event is scheduled.
D)must be performed immediately.

Question 40

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.A strike delays delivery of the apples by ten days.Evelyn's contract with Hill & Dale is

A)breached.
B)discharged.
C)not affected.
D)suspended.

Question 41

Investment Properties,Inc. ,hires Justus Construction Company to renovate the interior of Investment's office building.Justus sub?mits plans that Investment approves.Justus completes the major recon?struction,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 col?lect payment.Could Justus sue successfully for payment for the entire contract?