Question 1

Bozo signs up to join the Army because the advertisements make it look like summer camp.Later,he changes his mind and shoots himself in the foot so he won't have to go.This does not frustrate the contract,though the contract may be avoidable on other grounds.

Accepted Answer

Bozo's self-inflicted injury does not frustrate the contract because the contract is still capable of being performed.

Question 2

Doreen and Doris agree in writing that Doris will buy Doreen's cottage.On the date set for closing the sale,it is up to Doris to come to Doreen to make payment of the purchase price,unless the contract says otherwise.

Accepted Answer

The statement says "it is up to Doris to come to Doreen to make payment of the purchase price", which implies that there is no requirement for Doreen to go to Doris for payment. Therefore, the answer is true.

Question 3

Ms Sherbourne bought a candy bar costing 80 cents.She paid for it by presenting the storekeeper with a $2 coin.While this is not legal tender,it is so customary to give change that the storekeeper would have to warn customers if he was prepared to accept only legal tender.

Accepted Answer

The passage states that the storekeeper would have to warn customers if he was not prepared to accept non-legal tender, suggesting that accepting non-legal tender is customary.

Question 4

Guthrie Caterers failed to turn up as contracted to cater George and Susan's wedding reception.The deposit,which was the only money paid to that point,was returned by courier the next morning without comment.
-This was an implied repudiation since Guthrie did not contact George and Susan and actually tell them,"We will not be catering your wedding."

Accepted Answer

An implied repudiation occurs when actions or conduct indicate an intention not to perform contractual obligations. Returning the deposit without comment can be seen as an implied repudiation, even without explicit communication.

Question 5

A judgment by Mr.Justice Exx for the plaintiff Wy,in his suit against Zedd for breach of a condition of a contract,has the effect of discharging the contract,so that Wy has no further obligations under it,and substitutes the terms of the judgment for the terms of the contract,which Zedd must then perform.

Accepted Answer

This is an accurate statement of the legal effect of a judgment for breach of contract.

Question 6

Gavin is in the business of local transport of goods,as well as running a rural bus service.He contracts for a delivery van from his local truck dealer,but before the dealer places the order with the manufacturer,Gavin amends the order to request the minibus model of the delivery van.Gavin and the dealer have created a new contract that replaces the prior one.

Accepted Answer

By amending the order to request a different model, Gavin and the dealer have effectively created a new contract that replaces the prior one.

Question 7

Julian decides that he would like the house being built for him,under contract with Porter Developers,to have a blue tile roof instead of a red tile roof.The two kinds of tile are equally available and are the same price,and no roofing of the house has yet been done.Porter alleges that this is a material alteration of the terms of the contract,since the roof is one-tenth of the value of the house,and that,therefore,it cannot be done without Porter's agreement to the change,which it will give only for a further payment of $5,000.Porter is right.

Accepted Answer

Porter is not right because the change in the color of the roof tiles does not constitute a material alteration if the tiles are equally available and priced. The change does not affect the overall value or structure of the contract significantly.

Question 8

Mario,a professional entertainer,entered into a one-year contract with Barnum to perform exclusively at Barnum's theatre,and to perform nowhere else during that period of time.A week after the agreement was signed,Mario entered into another agreement with a competitor of Barnum to perform at his opera house.
-The monetary amount that Barnum would be entitled to receive as compensation from Mario would be the amount of the loss that Mario could reasonably have foreseen at the time that the contract was entered into by the parties.

Accepted Answer

This is based on the principle of foreseeability of damages, which means that the party who breaches a contract is responsible for damages that the other party could have reasonably foreseen at the time of entering into the contract. Therefore, Barnum would be entitled to compensation for the loss caused by Mario's breach of contract.

Question 9

Joe sold a barn full of hay to Jack but before Jack could transfer it to his own barn,a hurricane blew the roof off Joe's barn,and that part of the hay that did not blow away was ruined by the torrential rains.The contract is frustrated.

Accepted Answer

Frustration of contract occurs when an unforeseeable event makes it impossible to fulfill the contract. In this case, the hurricane and torrential rains made it impossible for Joe to deliver the hay to Jack, thus frustrating the contract.

Question 10

Sangster and Williams enter into a verbal contract with each other.They later decide to put it in writing.This is a substituted agreement.

Accepted Answer

The answer of Sangster and Williams enter into a verbal...

Question 11

Chris,a carpenter,entered into a contract with Doug for the construction of a garage on Doug's property for $5,000.Chris had constructed all of the garage,except the door,when he refused to complete the contract.
-Chris's refusal to complete the agreement would entitle Doug to treat the contract as being at an end.He may therefore refuse to pay Doug for his work.

Accepted Answer

While Doug may be entitled to seek damages for the breach of contract, he cannot simply refuse to pay Chris for the work that has already been done. Chris would have a right to seek payment for the work completed up until he breached the contract.

Question 12

Chris,a carpenter,entered into a contract with Doug for the construction of a garage on Doug's property for $5,000.Chris had constructed all of the garage,except the door,when he refused to complete the contract.
-Chris has substantially performed his part of the agreement,and would be entitled to payment of the contract price,less the amount necessary to finish the building.

Accepted Answer

In contract law, substantial performance allows a party to recover the contract price minus the cost to complete any unfinished work, as the main obligations have been largely fulfilled.

Question 13

Mario,a professional entertainer,entered into a one-year contract with Barnum to perform exclusively at Barnum's theatre,and to perform nowhere else during that period of time.A week after the agreement was signed,Mario entered into another agreement with a competitor of Barnum to perform at his opera house.
-The court may also order Mario to continue to perform at Barnum's theatre,because he had promised to work only for him.

Accepted Answer

A court is unlikely to order specific performance for personal service contracts like entertainment, as it would be akin to involuntary servitude. Instead, the court may issue an injunction preventing Mario from performing elsewhere.

Question 14

Mario,a professional entertainer,entered into a one-year contract with Barnum to perform exclusively at Barnum's theatre,and to perform nowhere else during that period of time.A week after the agreement was signed,Mario entered into another agreement with a competitor of Barnum to perform at his opera house.
-An injunction is a discretionary remedy.

Accepted Answer

An injunction is a discretionary remedy, meaning that it is up to the court's discretion whether or not to grant it. In this case, Barnum may seek an injunction to prevent Mario from performing at the competitor's opera house in violation of their exclusive agreement.

Question 15

The vast majority of contracts are discharged by operation of law.

Accepted Answer

Most contracts are discharged by agreement between the parties involved, rather than by operation of law.

Question 16

Chris,a carpenter,entered into a contract with Doug for the construction of a garage on Doug's property for $5,000.Chris had constructed all of the garage,except the door,when he refused to complete the contract.
-Doug is entitled to ask the court for an order of specific performance of the contract.

Accepted Answer

Specific performance is a remedy that requires a party to fulfill their contractual obligations. In this case, Chris has not completed the contract by installing the garage door, so he has not breached his entire contractual obligations. As such, specific performance may not be available, and Doug may need to seek damages for breach of contract instead.

Question 17

Cecilia agreed to buy an antique Japanese sword from Garfunkel.After the contract is formed but before Garfunkel delivers the sword or Cecilia pays any money to him,the government passes a law that makes it a crime to buy a sword other than a fencing foil.Since the contract was made before the law was passed,it is not frustrated.

Accepted Answer

The contract is frustrated because the new law makes the performance of the contract illegal, thus discharging the parties from their obligations.

Question 18

Guthrie Caterers failed to turn up as contracted to cater George and Susan's wedding reception.The deposit,which was the only money paid to that point,was returned by courier the next morning without comment.
-There was an express repudiation of the contract when Guthrie failed to arrive when and where it should have.

Accepted Answer

The facts provided show that Guthrie Caterers failed to fulfill their contractual obligation to cater the wedding reception, thus constituting an express repudiation of the contract. The return of the deposit without comment is further evidence of this repudiation.

Question 19

Chris,a carpenter,entered into a contract with Doug for the construction of a garage on Doug's property for $5,000.Chris had constructed all of the garage,except the door,when he refused to complete the contract.
-Chris would not be entitled to claim payment,because he has not finished his part of the agreement.

Accepted Answer

While it is true that Chris has not finished his part of the agreement, he may still be entitled to claim payment for the work he has already completed. This would depend on the specific terms of the contract and any applicable laws or regulations.

Question 20

Doreen and Doris agree in writing that Doris will buy Doreen's cottage.If Doris changes her mind and refuses to buy the cottage,Doreen can get specific performance provided she can prove that she tried to transfer the title deed to the property on the closing date and Doris would not accept it.

Accepted Answer

The statement accurately reflects the legal concept of specific performance, which allows a party to enforce the terms of a contract through a court order. In this case, if Doris refuses to buy the cottage, Doreen could seek specific performance and try to transfer the title deed on the closing date. If Doris still refuses to accept it, Doreen would have a stronger case for specific performance.

Quiz 5: Performance and Breach of Contract