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Exam 14: Discharge and Remedies

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Question 31

True/False

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Once a contract has been anticipatorily repudiated,the nonbreaching party must wait until the other party's contractually specified time period for performance has expired to sue for breach of contract and take other remedial measures.

A) True
B) False

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Question 32

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Which of the following occurs when parties agree that they simply wish to discharge each other from their mutual obligations and,therefore,rescind or cancel the contract?

A) Accord and satisfaction
B) Novation
C) Substituted contract
D) Mutual rescission
E) Accord and abeyance

F) D) and E)
G) A) and D)

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Question 33

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Dream Home.Maurice finds a dream home on the lake.He wants to buy it but is unsure whether he can get a loan.He signs a contract with the seller that he will buy the home if he can get a loan.Maurice also includes a contractual clause in the contract with the seller that if the purchase goes through but he loses his job within one year,the seller will repurchase the house for the same price Maurice paid for it.After getting a loan and buying the home,Maurice decided that he wanted new windows put into the home.He entered into a contract with a window contractor.The window contractor visited the home,but Maurice was always gone.The contractor made several attempts to reach Maurice,but Maurice would not return phone calls and made no attempt to assist the contractor with installation.The provision that the seller will repurchase the home if Maurice loses his job within one year of the sale is referred to as which of the following?

A(n) ________ occurs whenever a party fails to perform her obligations under the contract.

Express conditions are usually preceded by which words?

When a party's obligations under a contract are terminated,the party is said to be ________.

When one of the parties to an agreement wants to substitute a different performance for his original duty under the contract,he is seeking a(n) ________.

Yolanda and Rodney agreed that Rodney would paint Yolanda's home for $800,with Yolanda supplying the paint.Rodney went to Yolanda's home on several occasions to do the job,but she never had the paint ready.Finally,he moved on to other jobs.Six months later Yolanda sues Rodney for not painting the home.Who is likely to win and why? Describe the legal term for Rodney's offer of performance.

Earthquake.Stewart,the owner of ABC Construction,agreed with Joan,the owner of XYZ Hotel,that he would complete renovations on her upscale hotel on the beach in Florida by October 1.The amount due to Stewart under the contract was $250,000.The contract contained a clause by which Stewart would pay Joan $50,000 for each day he was late on completing the project.Unfortunately,an unexpected strong earthquake shook the area,and while the earthquake did not damage the hotel itself,Stewart encountered significant difficulty in getting supplies due to the high demand for building material following the earthquake.Because he believed that traveling himself to other states to obtain supplies would be prohibitively expensive,he delayed the project for two weeks while waiting for local stores to have sufficient supplies available.Stewart finished renovations six days late.Joan told Stewart that she owed him nothing but that he owed her $50,000.Stewart told Joan that he was suing for the entire $250,000 because it was not his fault the earthquake delayed matters.Which of the following is Stewart's best defense?

Reformation is an equitable remedy.

If the plaintiff wants a court order requiring the defendant to stop doing something,the plaintiff is seeking a(n) ________.

Courts are very willing to grant specific performance.

Dream Home.Maurice finds a dream home on the lake.He wants to buy it but is unsure whether he can get a loan.He signs a contract with the seller that he will buy the home if he can get a loan.Maurice also includes a contractual clause in the contract with the seller that if the purchase goes through but he loses his job within one year,the seller will repurchase the house for the same price Maurice paid for it.After getting a loan and buying the home,Maurice decided that he wanted new windows put into the home.He entered into a contract with a window contractor.The window contractor visited the home,but Maurice was always gone.The contractor made several attempts to reach Maurice,but Maurice would not return phone calls and made no attempt to assist the contractor with installation.The provision that Maurice did not have to buy the house unless he was able to get a loan is referred to as which of the following?

What doctrine arose from cases in England in which parties,who had contracted for rooms along a parade route for the king's coronation,received their money back when the coronation was canceled because the king became ill?

Creaky and Toady.Beverly decides to go on a great trip to Hawaii.She needs someone,however,to take care of her two dogs,Creaky and Toady,while she is gone.Creaky has hives,and Toady passes gas frequently because of a digestive problem.Beverly hires Frank three months in advance,and they reach a contractual arrangement whereby he will be paid $200 for keeping the dogs for two weeks.Frank comes over two months before Beverly is set to leave,takes one look at Creaky and Toady,and declares that they are too creepy to be around.Beverly then hires Alice who agrees to care for Creaky and Toady.Two weeks before Beverly is set to leave,however,Alice calls and tells her that she just broke both her legs in an automobile accident,sustained other injuries,and has been put on bed rest for two months.Finally,Alice hires Betty to care for the dogs and heads off to Hawaii,where she has a great time.Unfortunately,when Beverly returns home,she finds that Betty fell in love with Creaky and Toady and has absconded with them.It was a month before Beverly was able to get a court order requiring their return.Which of the following is true regarding Alice's refusal to keep Creaky and Toady?

Creaky and Toady.Beverly decides to go on a great trip to Hawaii.She needs someone,however,to take care of her two dogs,Creaky and Toady,while she is gone.Creaky has hives,and Toady passes gas frequently because of a digestive problem.Beverly hires Frank three months in advance,and they reach a contractual arrangement whereby he will be paid $200 for keeping the dogs for two weeks.Frank comes over two months before Beverly is set to leave,takes one look at Creaky and Toady,and declares that they are too creepy to be around.Beverly then hires Alice who agrees to care for Creaky and Toady.Two weeks before Beverly is set to leave,however,Alice calls and tells her that she just broke both her legs in an automobile accident,sustained other injuries,and has been put on bed rest for two months.Finally,Alice hires Betty to care for the dogs and heads off to Hawaii,where she has a great time.Unfortunately,when Beverly returns home,she finds that Betty fell in love with Creaky and Toady and has absconded with them.It was a month before Beverly was able to get a court order requiring their return.Which of the following is true regarding Frank's refusal to keep Creaky and Toady?

Under ordinary circumstances,a party's duty to perform the promise agreed to in a contract is conditional.

________ is the return,to its original owner,of any property transferred under a contract.

The discharge by parties of their obligations by doing what they respectively agreed to do under the terms of the contract is called discharge by ________.

Accord and satisfaction is used when one of the parties wants to substitute a different performance for his original duty under the contract.