Question 1

Commercial frustration:

Accepted Answer

A)   is very similar to impracticability.
B)   occurs when the event is foreseeable.
C)   excuses performance when events occur before the formation of the contract.
D)   occurs when the promisor expressly assumes the risk that the event has occurred.E) A) and D)
F) B) and C)

Question 2

If the legal remedies for breach of contract are not adequate to fully remedy a party's injuries, a court has the discretionary right to grant an equitable remedy.

Accepted Answer

A) True 
 B)False

Question 3

Which of the following is true of anticipatory repudiation?

Accepted Answer

A)   It occurs if promisors, prior to the time for performance, indicate an intent not to perform their duties under the contract.
B)   Its indication can arise only from implicit actions, and the other party can sue after two weeks for breach of contract.
C)   It occurs when the promisee's performance fails to reach the degree of perfection the other party is justified in expecting under the circumstances.
D)   Its indication can arise only in the form of an express statement by the promisor and the other party cannot treat the contract as breached.E) All of the above
F) None of the above

Question 4

What is substantial performance?

Accepted Answer

Some kinds of contractual duties are ver...

Question 5

Conditions in contracts:

Accepted Answer

A)   should not be created orally.
B)   can be created only by using special words.
C)   can be impliedly created.
D)   should always occur concurrently.E) None of the above
F) All of the above

Question 6

Injunctions are:

Accepted Answer

A)   mandatory if the court orders a party to refrain from doing certain acts.
B)   not a form of equitable remedy, which is granted depending on the equities of a case.
C)   used to compel personal service.
D)   available when a breach of contract threatens to produce an irreparable injury.E) A) and C)
F) B) and C)

Question 7

Tony contracted to buy wheat from Brown, a farmer. It was contracted that Tony would pay Brown three days after the delivery of the wheat. Brown's delivery would be a(n)  _____ of Tony's duty to pay.

Accepted Answer

A)   implied concurrent condition
B)   condition subsequent
C)   constructive concurrent condition
D)   constructive condition precedentE) C) and D)
F) A) and B)

Question 8

The duty to mitigate damages:

Accepted Answer

A)   is not applicable unless the defendant had reason to foresee them at the time the contract was created.
B)   requires the plaintiff to recover damages only in case of physical injuries.
C)   allows the non-breaching party to waive his or her right to insist on complete performance.
D)   requires the plaintiff to do so without undue risk, expense, or humiliation.E) A) and D)
F) A) and C)

Question 9

Martha entered into a contract with Terry, an art dealer. According to the contract, Terry was to supply 18 th century artifacts to Martha for the play she was directing, and Martha was ready to pay $50,000 for this. Another director needed the same artifacts and was ready to pay $60,000. Terry decided not to sell the artifacts to Martha. In this case, the court may order Terry to:

Accepted Answer

A)   specifically perform the contract.
B)   repudiate the contract.
C)   pay nominal damages.
D)   substantially perform the contract.E) All of the above
F) B) and C)

Question 10

If a statute or government regulation enacted after a contract's creation makes performance of a party's contractual duties illegal, the promisor is excused from performing.

Accepted Answer

A) True 
 B)False

Exam 18: Performance and Remedies

If the legal remedies for breach of contract are not adequate to fully remedy a party's injuries, a court has the discretionary right to grant an equitable remedy.

Correct Answer
verified

If a statute or government regulation enacted after a contract's creation makes performance of a party's contractual duties illegal, the promisor is excused from performing.

Correct Answer
verified

Which of the following is true of anticipatory repudiation?

Correct Answer
verified

Tony contracted to buy wheat from Brown, a farmer. It was contracted that Tony would pay Brown three days after the delivery of the wheat. Brown's delivery would be a(n) _____ of Tony's duty to pay.

Correct Answer
verified

The duty to mitigate damages:

Correct Answer
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What is substantial performance?

Correct Answer
verified
Some kinds of contractual duties are ver...
View Answer

Correct Answer
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Injunctions are:

Correct Answer
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Commercial frustration:

Correct Answer
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Conditions in contracts:

Correct Answer
verified

Exam 18: Performance and Remedies

If the legal remedies for breach of contract are not adequate to fully remedy a party's injuries, a court has the discretionary right to grant an equitable remedy.

Correct AnswerverifiedShow Answer

If a statute or government regulation enacted after a contract's creation makes performance of a party's contractual duties illegal, the promisor is excused from performing.

Correct AnswerverifiedShow Answer

Which of the following is true of anticipatory repudiation?

Correct AnswerverifiedShow Answer

Tony contracted to buy wheat from Brown, a farmer. It was contracted that Tony would pay Brown three days after the delivery of the wheat. Brown's delivery would be a(n) _____ of Tony's duty to pay.

Correct AnswerverifiedShow Answer

The duty to mitigate damages:

Correct AnswerverifiedShow Answer

What is substantial performance?

Correct AnswerverifiedSome kinds of contractual duties are ver...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Injunctions are:

Correct AnswerverifiedShow Answer

Commercial frustration:

Correct AnswerverifiedShow Answer

Conditions in contracts:

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Some kinds of contractual duties are ver...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified