Question 1

Contractual conditions consist of ________.

Accepted Answer

A)   conditions precedent only
B)   conditions precedent and subsequent only
C)   conditions precedent and concurrent only
D)   conditions precedent, subsequent, and concurrent
E)   conditions nominal and concurrentF) None of the above
G) B) and D)

Question 2

What is the difference between performance and tender?

Accepted Answer

A)   There is no difference.
B)   Performance involves fulfilling contractual obligations, while tender involves offering performance.
C)   Tender is required when there is a conditional contract, while performance is required for all other contracts.
D)   Performance is required when there is a conditional contract, while tender is required for all other contracts.
E)   Tender is substantial performance, while performance refers only to complete performance.F) A) and E)
G) B) and E)

Question 3

[Hawaiian Adventure] Hannah decides to go on a fun trip to Hawaii. While she is gone, she needs someone to take care of her two dogs, Champ and Sage. She hires Amir three months in advance, and they reach a contractual arrangement whereby he will be paid $200 for taking care of the dogs for two weeks. Amir comes over two months before Hannah is set to leave, takes one look at Champ and Sage, and declares that they are too difficult to handle so he will not care for them. Hannah then hires Alisha who agrees to care for Champ and Sage. Two weeks before Hannah is set to leave, however, Alisha calls and tells her that she just broke both her legs in an automobile accident and has been put on bed rest for two months. Finally, Hannah hires Kelsey to care for the dogs and heads off to Hawaii where she has a great time. Unfortunately, when Hannah returns home, she finds that Kelsey has disappeared with Champ and Sage. Later, they are found in good health at an exclusive resort visited by Kelsey. Kelsey refuses to return Champ and Sage to Hannah, claiming that they were all enjoying the resort and that she has become quite attached to them.
-What will Hannah seek in order to force Kelsey to return Champ and Sage?

Accepted Answer

A)   An injunction
B)   Compensation
C)   Punitive damages
D)   Nominal performance
E)   Adequate performanceF) B) and C)
G) A) and E)

Question 4

Describe the three main types of conditional contracts.

Accepted Answer

There are three types of conditional con...

Question 5

Gloria contracts with Melody to supply her with the latest version of a new computer game for her video store's Christmas rush. Gloria substantially advertises that she will have the game for Christmas. Melody, however, does not supply Gloria with the new game. What type of damages might Gloria sue for to recover the advertising expenses?

Accepted Answer

A)   Punitive
B)   Consequential
C)   Liquidated
D)   Nominal
E)   RetaliatoryF) B) and E)
G) B) and C)

Question 6

Rescission is the return of any property given up under the contract.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is used as a basis for discharge by operation of law when performance is still objectively possible but would be extraordinarily injurious or expensive to one party?

Accepted Answer

A)   Frustration of purpose
B)   Commercial impracticability
C)   Alteration of the contract
D)   Anticipatory repudiation
E)   Anticipatory renunciationF) A) and B)
G) B) and E)

Question 8

How may a party's contractual obligations be discharged?

Accepted Answer

A)   Performance is the only way a party's contractual obligations may be discharged.
B)   Performance or the failure of a condition to occur are the only ways a party's contractual obligations may be discharged.
C)   Operation of law is the only way a party's contractual obligations may be discharged.
D)   Discharge may occur through material breach by one or both parties.
E)   Discharge may not occur through the failure of a condition to occur.F) D) and E)
G) A) and B)

Question 9

Conditions precedent, conditions subsequent and nominal conditions are the three types of conditions allowed in a contract.

Accepted Answer

A) True 
 B)False

Exam 20: Discharge and Remedies

Conditions precedent, conditions subsequent and nominal conditions are the three types of conditions allowed in a contract.

Correct Answer
verified

What is the difference between performance and tender?

Correct Answer
verified

How may a party's contractual obligations be discharged?

Correct Answer
verified

Rescission is the return of any property given up under the contract.

Correct Answer
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Contractual conditions consist of ________.

Correct Answer
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Describe the three main types of conditional contracts.

Correct Answer
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There are three types of conditional con...
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Correct Answer
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Correct Answer
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Which of the following is used as a basis for discharge by operation of law when performance is still objectively possible but would be extraordinarily injurious or expensive to one party?

Correct Answer
verified

Exam 20: Discharge and Remedies

Conditions precedent, conditions subsequent and nominal conditions are the three types of conditions allowed in a contract.

Correct AnswerverifiedShow Answer

What is the difference between performance and tender?

Correct AnswerverifiedShow Answer

How may a party's contractual obligations be discharged?

Correct AnswerverifiedShow Answer

Rescission is the return of any property given up under the contract.

Correct AnswerverifiedShow Answer

Contractual conditions consist of ________.

Correct AnswerverifiedShow Answer

Describe the three main types of conditional contracts.

Correct AnswerverifiedThere are three types of conditional con...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is used as a basis for discharge by operation of law when performance is still objectively possible but would be extraordinarily injurious or expensive to one party?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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There are three types of conditional con...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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