Question 1

Discuss the contractual conditions of performance to the satisfaction of someone.

Accepted Answer

The answer of Discuss the contractual conditions of performance to...

Question 2

Al owes Tracy $500, due June 1.Al, Tracy, and Ted mutually agree that Ted will pay Tracy instead of paying Al the money Ted owes Al, and Al will be discharged from his debt to Tracy.Such an agreement is an example of:

Accepted Answer

This agreement is an example of novation, which is the substitution of a new contract, obligation or party for an existing one. In this case, Ted is substituted for Al as the debtor in the agreement between Al and Tracy, and Al is discharged from his debt. This requires the consent of all parties involved.

Question 3

Explain what may constitute a material breach and list the several basic principles that must be applied to determine if a material breach exists in a given contract.

Accepted Answer

The answer of Explain what may constitute a material breach...

Question 4

Austin enters a contract with Bess to remodel her kitchen within one month.He repeatedly comes to her house to start the project, but Bess does not let him begin because she says she needs unrestricted use of her kitchen.Bess has:
a.not caused a discharge of Austin's duty under the contract; they will have to work out another time.
b.violated the perfect tender rule.
c.materially breached the contract by substantially interfering with or preventing Austin's performance.
d.created an accord.

Accepted Answer

The answer of Austin enters a contract with Bess to...

Question 5

What is a condition? Give an example of each of the following types of conditions: condition precedent, condition concurrent, conditions subsequent.

Accepted Answer

The answer of What is a condition? Give an example...

Question 6

Louis agreed to provide all the apples that Cindy's Cider Mill will need at $5 per bushel unless weather conditions require additional labor to be hired.The rate would then be $5.50 per bushel.A freeze warning required Louis to hire additional overtime workers, raising the cost per bushel to $6.75.Louis wants to get out of his contract.Can he?

Accepted Answer

The contract already accounted for the possibility of weather conditions requiring additional labor, as indicated by the provision for a rate increase to $5.50 per bushel. Therefore, the hardship was expected and provided for in the contract.

Question 7

Russell promises to deliver and install living room carpeting for Nina.Classify as an express, implied-in-fact, or implied-in law condition Nina's notification to Russell of her choice of type and color of carpeting.Compare and contrast this condition with the other two types of contractual conditions.

Accepted Answer

The answer of Russell promises to deliver and install living...

Question 8

Russell and Joe make a contract for Russell to manufacture five leather chairs of a specified design.Prior to their manufacture, the factory is destroyed in an accidental fire that is no one's fault.The chairs are available from other sources.In this case:

Accepted Answer

Russell's duty to deliver the chairs is discharged by the destruction of the factory. This is because the event of the factory's destruction is beyond the control of both parties (force majeure). As the chairs are available from other sources, Russell cannot be held liable for breach of contract.

Quiz 17: Performance, Breach, and Discharge

Discuss the contractual conditions of performance to the satisfaction of someone.

Al owes Tracy $500, due June 1.Al, Tracy, and Ted mutually agree that Ted will pay Tracy instead of paying Al the money Ted owes Al, and Al will be discharged from his debt to Tracy.Such an agreement is an example of:

Explain what may constitute a material breach and list the several basic principles that must be applied to determine if a material breach exists in a given contract.

What is a condition? Give an example of each of the following types of conditions: condition precedent, condition concurrent, conditions subsequent.

Russell and Joe make a contract for Russell to manufacture five leather chairs of a specified design.Prior to their manufacture, the factory is destroyed in an accidental fire that is no one's fault.The chairs are available from other sources.In this case: