Chapter 18&19

Question 1

An offer to perform is a

Answer 1

Tender

Question 2

Tender excludes

Answer 2

Mere expression of willingness to pay

Question 3

Payments of debt by a check are not

Answer 3

None of the above

Question 4

The substantial performance rule is irrelevant

Answer 4

To construction contracts (MIGHT GO BACK TO THIS ONE)

Question 5

Modern federal law gives a consumer a right to rescind home-solicited sales contracts within a matter of

Answer 5

Days

Question 6

Ordinarily application of payments

Answer 6

May be specified by debtor

Question 7

Affecting both future and past of a contract is

Answer 7

Termination by Recession or NONE OF THE ABOVE (come back to this)

Question 8

Agreement to a different performance of a contractual obligation, which different performance is executed, is

Answer 8

Accord and satisfaction

Question 9

Contracts can sometimes be discharged by

Answer 9

ALL OF THE ABOVE

Question 10

Discharge by operation of law includes

Answer 10

ALL OF THE ABOVE

Question 11

Alteration of a written contract means discharge by operation of law if

Answer 11

The alteration is made by a party to the contract

Question 12

A rescinding party must

Answer 12

Restore the other to the other’s original position

Question 13

A morals clause exemplifies

Answer 13

Condition

Question 14

Refusal of tender

Answer 14

Discharges party offering to perform and is basis for a lawsuit

BOTH A AND B ARE CORRECT

Question 15

Expiration of time for performance specified in contract can mean

Answer 15

Breach

Question 16

This clause contracts around impossibility doctrine

Answer 16

Force majeure

Question 17

Discharge by impossibility keys to

Answer 17

Unexpected intervening act

Question 18

Essentially a private statue of limitations is this clause

Answer 18

Contractual limitation

Question 19

If a party declares before performance time he will not perform, the other party may do all but

Answer 19

Regard this conflict as a conflict of law

Question 20

Contract damages must have been foreseeable to defendant if

Answer 20

Consequential

Question 21

Exemplary damages also are called

Answer 21

Punitive

Question 22

Liquidated damages are

Answer 22

Identified in the contract itself

Question 23

A penalty is void if unreasonably large and not proper

Answer 23

liquidated damages

Question 24

An injured party who rescinds after having paid money on the contract may recover money paid on a theory of

Answer 24

quasicontract

Question 25

The discretionary judicial grant of specific performance will NOT be refused because

Answer 25

The contract is one of adhesion (COME BACK TO THIS ONE)

Question 26

Judgment of a small sum, such as one dollar, is probably

Answer 26

Nominal damages

Question 27

If there has been waiver of a contractual breach, the waiving party can

Answer 27

None of the above

Question 28

Reservation of right is most relevant given

Answer 28

Accepting a tendered defective performance

Question 29

Losses not necessarily following breach, but doing so in a particular case, are

Answer 29

Consequential

Question 30

Failure to act as contractually required is

Answer 30

Breach

Question 31

Deterring ordering the specific performance of personal services

Answer 31

13th Amendment

Question 32

Damages are measured as reasonable value in

Answer 32

quasicontract

Question 33

Special damages are

Answer 33

Consequential

Question 34

Party injured by contractual breach must

Answer 34

Mitigate damages

Question 35

Material breach of contract keys to

Answer 35

Injunctions (?)

Question 36

Specific performance is

Answer 36

Equitable remedy

Question 37

Order to former employee to stop competing is

Answer 37

Injunction

Question 38

Written contract incorrectly stating agreement suggests

Answer 38

Reformation

Question 39

Each party ordinarily pays own attorney fees under

Answer 39

American Rule

Question 40

Exulpatory clause completely .. gross neglience

Answer 40

Unenforcebale?

Question 41

TRUE OR FALSE | Frustration of purpose doctrine ties to change circumstances

Answer 41

TRUE

Question 42

TRUE OR FALSE | Commercial impractibility doctrine ties to nonoccurence of basic contractual assumption

Answer 42

TRUE

Question 43

TRUE OR FALSE | Acts of God ordinarily will terminate a contract

Answer 43

FALSE

Question 44

TRUE OR FALSE | Contracts nowadays commonly include a Weather Clause

Answer 44

TRUE

Question 45

TRUE OR FALSE | Discharge by impossibility is judged subjectively

Answer 45

TRUE(?)

Question 46

TRUE OR FALSE | Anticipatory repudiation can never be expressed by conduct

Answer 46

FALSE

Question 47

TRUE OR FALSE | Anticipatory breach is impossible under American Law

Answer 47

FALSE

Question 48

TRUE OR FALSE | Ordinary monetary damages gives the injured party "the benefit of the bargain"

Answer 48

TRUE

Question 49

TRUE OR FALSE | Given valid liquidated...

Answer 49

IDK