Question 1

The most common way to discharge a contract is by breach.

Accepted Answer

The answer of The most common way to discharge a...

Question 2

A novation revokes and discharges a prior contract.

Accepted Answer

A novation is a legal process in which a new contract is created to replace an existing contract. The new contract will supersede and discharge the original contract, effectively revoking it.

Question 3

Performance of an accord discharges an original contractual obligation.

Accepted Answer

Performance of a contract means fulfilling the terms and conditions of the contract. Therefore, when one party performs his or her obligations as per the contract, it discharges their original contractual obligation.

Question 4

A condition subsequent terminates a party's promise to perform.

Accepted Answer

A condition subsequent is a condition that, if it occurs, terminates a party's promise to perform. Therefore, the statement is true.

Question 5

Performance that provides a party with most of the benefits of a contract,in spite of a deviation from the terms,is complete performance.

Accepted Answer

The answer of Performance that provides a party with most...

Question 6

Tom and Sydney enter into a contract for the sale of Tom's house for which Sydney agrees to pay $350,000.Sydney wants to transfer her right to the ownership of the house to Rena,her niece.This transfer generally

Accepted Answer

Generally, the transfer of ownership rights of a property is allowed and cannot be prohibited unless there is a specific provision in the contract that prevents such assignment or transfer. Therefore, Sydney's transfer of her right to the ownership of the house to Rena cannot be prohibited unless the contract between Tom and Sydney expressly prohibits such transfers.

Question 7

Anything less than substantial performance is a material breach of contract.

Accepted Answer

Substantial performance is the minimum level of performance required to fulfill a contract, and any failure to meet that standard can be considered a material breach of the contract. Therefore, anything less than substantial performance would indeed be a material breach.

Question 8

Dwayne and Ewell enter into a contract for the design of an addition to Dwayne's house for which he agrees to pay Ewell.Ewell transfers his right to payment under the contract to Flex Construction Company.Flex is

Accepted Answer

Flex Construction Company is an assignee, as it is taking over Ewell's right to payment under the contract with Dwayne. A delegatee would be someone appointed by the original party to perform their obligations, which is not the case here. An obligee is the party who is owed the obligation, which is Dwayne in this scenario. A prohibitee is not a legal term in contract law.

Question 9

Concurrent conditions occur only when the parties to a contract are required to perform their respective duties simultaneously.

Accepted Answer

Concurrent conditions require both parties to perform their duties at the same time. If one party fails to perform, the other party is excused from performance.

Question 10

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

Accepted Answer

This is known as impossibility of performance or frustration of purpose and is a valid reason for discharge of a contract.

Question 11

Contracts that are executory on both sides can be rescinded by agreement.

Accepted Answer

Both parties can mutually agree to rescind an executory contract, meaning that neither party has fully performed their obligations under the contract. This is often done through a written agreement or a new contract that supersedes the original one.

Question 12

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

Accepted Answer

The doctrine of substantial performance allows a party who has not fully performed his or her duties under a contract to still enforce the contract if the performance was close enough to meet the requirements of the contract. This is to prevent the other party from avoiding the contract due to minor and insignificant deviations from the terms of the contract.

Question 13

Clem attempts to free himself from the duties of his contract with Drew by telling Drew to find someone else to perform them.This is

Accepted Answer

The answer of Clem attempts to free himself from the...

Question 14

Musica Production Company and Nora enter into a contract for Nora to write six songs for which Musica agrees to pay her.Nora transfers her right to payment under the contract to Omni Entertainment Agency.Nora is

Accepted Answer

Nora transferred her right to payment to Omni Entertainment Agency, which means she assigned her contractual rights to them. Therefore, Nora is an assignor.

Question 15

If a contract condition is not satisfied,the obligations of the contracting parties are discharged.

Accepted Answer

If a contract condition is not satisfied, it is considered a breach of contract and the obligations of the contracting parties are discharged. This means that the parties are no longer obligated to perform under the contract and may be entitled to damages or other remedies.

Question 16

If a contract requires performance to the personal satisfaction of a party,the party must in all cases be personally satisfied.

Accepted Answer

The answer of If a contract requires performance to the...

Question 17

Any breach of contract discharges the breaching party.

Accepted Answer

A breach of contract does not automatically discharge the breaching party. The non-breaching party may choose to terminate the contract or seek damages, but the breaching party remains responsible for their obligations under the contract.

Question 18

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

Accepted Answer

When a contract party alters a written contract, it is considered a breach of contract and the other party is not required to adapt their performance accordingly. They may have legal options such as terminating the contract or seeking damages.

Question 19

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

Accepted Answer

The answer of A contract will be discharged if foreseeable...

Question 20

McCall and Teresa enter into a contract for the distribution of McCall's produce to local restaurants for which Teresa agrees to pay.McCall transfers his right to payment under the contract to Midtown Bank.This transfer is

Accepted Answer

The transfer of McCall's right to payment under the contract to Midtown Bank is an assignment. A delegation is the transfer of the duty to perform under the contract, while a novation is a substitution of a new party for one of the original parties to the contract. There is no indication that such a transfer is prohibited by law in this scenario.

Quiz 11: Third Party Rights and Discharge