Question 1

Fact Pattern 17-2Flora, who owns and operates Garden Fresh Organic Farms, agrees to sell Harvesters Grocery a minimum quantity of fresh fruits and vegetables every week for three months.
-Refer to Fact Pattern 17-2.If Flora dies before the deliveries begin,her contract with Harvesters is​

Accepted Answer

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

Question 2

Fact Pattern 17-1Mutual 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 17-1.Neil's performance is most likely​

Accepted Answer

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

Question 3

Only personal contracts can be discharged by agreement of the parties.

Accepted Answer

A) True 
 B)False  False

Question 4

Juan and Isidro enter into a contract to buy,restore and reopen the Coastal Park Carousel.Before either party begins to perform,they agree to cancel their deal.This is​

Accepted Answer

A)   ​specific performance. 
B)   ​mutual rescission. 
C)   ​accord and satisfaction. 
D)   ​novation.

Question 5

Courts may imply conditions from the purpose of a contract or from the intent of the parties.

Accepted Answer

A) True 
 B)False

Question 6

Fact Pattern 17-1Mutual 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 17-1.With respect to Mutual's duties,Neil's performance most likely​

Accepted Answer

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 7

Nogales Ceramics pays Omar $15,000 to propose an online marketing campaign.Two days later,Omar tells Nogales that he has accepted a job in Silicon Valley and cannot plan the campaign.As compensatory damages,Nogales recover​

Accepted Answer

A)   ​$150,000. 
B)   ​$15,000. 
C)   ​$1,500. 
D)   ​$0.

Question 8

Ed's Electric substantially performs its contract with Forest Hills Apartments,Inc.,to deliver and install an alarm system and parking lot lighting.Forest Hills is entitled to​

Accepted Answer

A)   ​damages. 
B)   ​nothing more. 
C)   ​to be excused from performance. 
D)   ​suspend performance.

Question 9

Fact Pattern 17-2Flora, who owns and operates Garden Fresh Organic Farms, agrees to sell Harvesters Grocery a minimum quantity of fresh fruits and vegetables every week for three months.
-Refer to Fact Pattern 17-2.If a strike delays delivery of the produce beyond the time for performance,Flora's contract with Harvesters is​

Accepted Answer

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

Question 10

Isabel orally agrees to buy a unique collection of nineteenth-century cowboy memorabilia for $10,000 from Jessie and sends $2,500 as a down payment.When Isabel pays the rest of the price,Jessie refuses to ship the collection.Isabel should seek​

Accepted Answer

A)   ​damages. 
B)   ​restitution. 
C)   ​rescission. 
D)   ​specific performance.

Question 11

Most contracts need to be performed only to the satisfaction of a reasonable person unless they expressly state otherwise.

Accepted Answer

A) True 
 B)False

Question 12

After a contract is made,a supervening event may make performance impossible and discharge the contract.

Accepted Answer

A) True 
 B)False

Question 13

Punitive damages are generally available in contract disputes.

Accepted Answer

A) True 
 B)False

Question 14

A novation occurs when there is a substitution,by agreement,of a new contract for an old one,with the rights under the old one being terminated.

Accepted Answer

A) True 
 B)False

Question 15

In a contract for a sale of goods,the usual measure of compensatory damages is the difference between the contract price and the market price.

Accepted Answer

A) True 
 B)False

Question 16

Dino hires Eve to perform at Dino's Club,but Eve later breaches the agreement to accept a higher-paying job at First Star Arena.Dino files a suit against Eve.The court will most likely​

Accepted Answer

A)   ​award damages to Dino. 
B)   ​cancel Dino and Eve's contract. 
C)   ​order Eve to perform the contract. 
D)   ​rewrite Dino and Eve's contract.

Question 17

Building Restoration,Inc.(BRI),enters into a contract to refurbish an old train depot for Casual Dining,Inc.,to open as Eat Up Restaurant.If BRI completes most of the work promised in the contract,its performance will be

Accepted Answer

A)   ​absolute. 
B)   ​complete. 
C)   ​material. 
D)   ​substantial.

Question 18

A condition is a qualification in a contract based on a future event that is certain to occur.

Accepted Answer

A) True 
 B)False

Question 19

Quasi contracts allow the courts to act as if a contract exists when there is no contract.

Accepted Answer

A) True 
 B)False

Question 20

Stephanie enters into a contract to work as a lifeguard at Tim's Water Park for the summer in exchange for a weekly paycheck and free admission to the park's attractions.If the duties under this contract are discharged like those under most contracts,the duties will be​

Accepted Answer

A)   ​avoided. 
B)   ​breached. 
C)   ​performed. 
D)   ​rescinded.

Exam 17: Contract Discharge and Remedies

Fact Pattern 17-2Flora, who owns and operates Garden Fresh Organic Farms, agrees to sell Harvesters Grocery a minimum quantity of fresh fruits and vegetables every week for three months. -Refer to Fact Pattern 17-2.If Flora dies before the deliveries begin,her contract with Harvesters is

Only personal contracts can be discharged by agreement of the parties.

Juan and Isidro enter into a contract to buy,restore and reopen the Coastal Park Carousel.Before either party begins to perform,they agree to cancel their deal.This is

Courts may imply conditions from the purpose of a contract or from the intent of the parties.

Nogales Ceramics pays Omar $15,000 to propose an online marketing campaign.Two days later,Omar tells Nogales that he has accepted a job in Silicon Valley and cannot plan the campaign.As compensatory damages,Nogales recover

Ed's Electric substantially performs its contract with Forest Hills Apartments,Inc.,to deliver and install an alarm system and parking lot lighting.Forest Hills is entitled to

Isabel orally agrees to buy a unique collection of nineteenth-century cowboy memorabilia for $10,000 from Jessie and sends $2,500 as a down payment.When Isabel pays the rest of the price,Jessie refuses to ship the collection.Isabel should seek

Most contracts need to be performed only to the satisfaction of a reasonable person unless they expressly state otherwise.

After a contract is made,a supervening event may make performance impossible and discharge the contract.

Punitive damages are generally available in contract disputes.

A novation occurs when there is a substitution,by agreement,of a new contract for an old one,with the rights under the old one being terminated.

In a contract for a sale of goods,the usual measure of compensatory damages is the difference between the contract price and the market price.

Dino hires Eve to perform at Dino's Club,but Eve later breaches the agreement to accept a higher-paying job at First Star Arena.Dino files a suit against Eve.The court will most likely

Building Restoration,Inc.(BRI) ,enters into a contract to refurbish an old train depot for Casual Dining,Inc.,to open as Eat Up Restaurant.If BRI completes most of the work promised in the contract,its performance will be

A condition is a qualification in a contract based on a future event that is certain to occur.

Quasi contracts allow the courts to act as if a contract exists when there is no contract.

Stephanie enters into a contract to work as a lifeguard at Tim's Water Park for the summer in exchange for a weekly paycheck and free admission to the park's attractions.If the duties under this contract are discharged like those under most contracts,the duties will be

Exam 17: Contract Discharge and Remedies

Fact Pattern 17-2Flora, who owns and operates Garden Fresh Organic Farms, agrees to sell Harvesters Grocery a minimum quantity of fresh fruits and vegetables every week for three months. -Refer to Fact Pattern 17-2.If Flora dies before the deliveries begin,her contract with Harvesters is​

Only personal contracts can be discharged by agreement of the parties.

Juan and Isidro enter into a contract to buy,restore and reopen the Coastal Park Carousel.Before either party begins to perform,they agree to cancel their deal.This is​

Courts may imply conditions from the purpose of a contract or from the intent of the parties.

Nogales Ceramics pays Omar $15,000 to propose an online marketing campaign.Two days later,Omar tells Nogales that he has accepted a job in Silicon Valley and cannot plan the campaign.As compensatory damages,Nogales recover​

Ed's Electric substantially performs its contract with Forest Hills Apartments,Inc.,to deliver and install an alarm system and parking lot lighting.Forest Hills is entitled to​

Isabel orally agrees to buy a unique collection of nineteenth-century cowboy memorabilia for $10,000 from Jessie and sends $2,500 as a down payment.When Isabel pays the rest of the price,Jessie refuses to ship the collection.Isabel should seek​

Most contracts need to be performed only to the satisfaction of a reasonable person unless they expressly state otherwise.

After a contract is made,a supervening event may make performance impossible and discharge the contract.

Punitive damages are generally available in contract disputes.

A novation occurs when there is a substitution,by agreement,of a new contract for an old one,with the rights under the old one being terminated.

In a contract for a sale of goods,the usual measure of compensatory damages is the difference between the contract price and the market price.

Dino hires Eve to perform at Dino's Club,but Eve later breaches the agreement to accept a higher-paying job at First Star Arena.Dino files a suit against Eve.The court will most likely​

Building Restoration,Inc.(BRI) ,enters into a contract to refurbish an old train depot for Casual Dining,Inc.,to open as Eat Up Restaurant.If BRI completes most of the work promised in the contract,its performance will be

A condition is a qualification in a contract based on a future event that is certain to occur.

Quasi contracts allow the courts to act as if a contract exists when there is no contract.

Stephanie enters into a contract to work as a lifeguard at Tim's Water Park for the summer in exchange for a weekly paycheck and free admission to the park's attractions.If the duties under this contract are discharged like those under most contracts,the duties will be​

Fact Pattern 17-2Flora, who owns and operates Garden Fresh Organic Farms, agrees to sell Harvesters Grocery a minimum quantity of fresh fruits and vegetables every week for three months. -Refer to Fact Pattern 17-2.If Flora dies before the deliveries begin,her contract with Harvesters is

Juan and Isidro enter into a contract to buy,restore and reopen the Coastal Park Carousel.Before either party begins to perform,they agree to cancel their deal.This is

Nogales Ceramics pays Omar $15,000 to propose an online marketing campaign.Two days later,Omar tells Nogales that he has accepted a job in Silicon Valley and cannot plan the campaign.As compensatory damages,Nogales recover

Ed's Electric substantially performs its contract with Forest Hills Apartments,Inc.,to deliver and install an alarm system and parking lot lighting.Forest Hills is entitled to

Isabel orally agrees to buy a unique collection of nineteenth-century cowboy memorabilia for $10,000 from Jessie and sends $2,500 as a down payment.When Isabel pays the rest of the price,Jessie refuses to ship the collection.Isabel should seek

Dino hires Eve to perform at Dino's Club,but Eve later breaches the agreement to accept a higher-paying job at First Star Arena.Dino files a suit against Eve.The court will most likely

Stephanie enters into a contract to work as a lifeguard at Tim's Water Park for the summer in exchange for a weekly paycheck and free admission to the park's attractions.If the duties under this contract are discharged like those under most contracts,the duties will be