Question 1

Which of the following describes conditions explicitly stated in the contract?

Accepted Answer

A)  Concurrent
B)  Implied
C)  Express
D)  Certain
E)  Conditional

Question 2

________ is the termination of the contract,and ________ is the return of any property given up under the contract.

Accepted Answer

A)  Rescission;compensation
B)  Reformation;restitution
C)  Rescission;restitution
D)  Reformation;rescission
E)  Rescission;reformation

Question 3

If a contract does not clearly specify that the satisfaction is to be personal,the standard applies.

Accepted Answer

A)  Unbiased
B)  Express
C)  Subjective
D)  Absolute
E)  Objective

Question 4

When all aspects of the parties' duties under the contract are executed perfectly,which of the following occurs?

Accepted Answer

A)  Approved performance
B)  Significant performance
C)  Absolute performance
D)  Complete performance
E)  Substantial performance

Question 5

Monetary damages are also referred to as damages.

Accepted Answer

A)  Equitable
B)  Legal
C)  Public
D)  Fair
E)  Injunctiv e

Question 6

Carrie and Peter enter into a contract in which Carrie agrees to wash Peter's car as long as Peter tutors Carrie's son in math during the entire time Carrie is washing the car.This is an example of which type of conditional contract?

Accepted Answer

A)  Implied condition
B)  Condition precedent
C)  Condition subsequent
D)  Condition concurrent
E)  The contract is not conditional.

Question 7

Which is an example of a situation in which the court would likely award punitive damages after a breach of contract?

Accepted Answer

A)  When fraud occurred.
B)  When only nominal damages occurred.
C)  When anticipatory breach occurred
D)  When substantial performance occurred.
E)  When anticipatory repudiation occurred

Question 8

An offer of performance is known as when parties offer to perform and are ready,willing,and able to perform.

Accepted Answer

A)  Implied acceptance
B)  Showing
C)  Completer
D)  Tender
E)  Offering

Question 9

Juan and Carlos enter into a contract which states: "Carlos will paint Juan's bedroom in Juan's house white and Juan promises to pay Carlos $100 upon completion." Which is an example of an implied condition?

Accepted Answer

A)  That Carlos will use white paint when painting Juan's bedroom.
B)  That Juan will pay Carlos upon completion of the painting.
C)  That Juan will allow Carlos access to his bedroom
D)  That Carlos will paint Juan's bedroom.
E)  That Juan will pay Carlos $100.

Question 10

Michael's offer to put Ashton in the position she would have been in had the proper faucets and flooring been used is based on the measure used for what type of damages?

Accepted Answer

A)  Consequential
B)  Compensatory
C)  Nominal
D)  Liquidated
E)  Punitive

Question 11

How may a party's contractual obligations be discharged?

Accepted Answer

A)  Performance or the failure of a condition to occur are the only ways a party's contractual obligations may be discharged.
B)  Performance is the only way a party's contractual obligations may be discharged.
C)  Discharge may occur through material breach by one or both parties.
D)  Operation of law is the only way a party's contractual obligations may be discharged.
E)  Discharge may not occur through the failure of a condition to occur.

Question 12

Which of the following are the two primary kinds of performance?

Accepted Answer

A)  Complete and significant
B)  Complete and substantial
C)  Partial and significant
D)  Partial and complete
E)  Partial and substantial

Question 13

There are two primary kinds of performance.

Accepted Answer

A) True 
 B)False

Question 14

A contractual condition of satisfaction may be judged by either a[n] ________ or ________ standard.

Accepted Answer

A)  Objective;absolute
B)  Objective;subjective
C)  Subjective;express
D)  Objective;express
E)  Absolute;express

Question 15

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

Accepted Answer

A)  Discharged
B)  Recoursed
C)  Terminated
D)  Completed
E)  Finished

Question 16

Hector's house was damaged by fire.He obtained three independent appraisals to repair the damage,and submitted the appraisals to his insurer,informing the insurer that he was willing to accept use of the lowest appraisal as a basis for his insurance reimbursement.The adjuster for the insurance company asked Hector to submit to an oral examination under oath concerning the fire,but Hector refused.The insurance company denied reimbursement based on Hector's refusal to provide the examination under oath.If the court follows the case in the text Hamilton v.State Farm Fire & Casualty Insurance Company,will Hector recover under the policy?

Accepted Answer

A)  No,the insurer will prevail based on Hector's refusal to provide an examination under oath regardless of whether or not it can establish actual prejudice.
B)  No,the insurer will prevail if it can establish actual prejudice based on Hector's refusal to provide an examination under oath.
C)  Yes,Hector will prevail only if he is able to establish that the insurer was not prejudiced by his refusal to provide an examination under oath;and,assuming he is able to do so,he will be allowed to recover penalties and attorney fees.
D)  Yes,Hector will prevail without any obligation to establish that the insurer was not prejudiced by his refusal to provide an examination under oath,and he will also be allowed to recover penalties and attorney fees.
E)  Yes,Hector will prevail even if he refuses to provide an examination under oath,but he will not be allowed to recover penalties or attorney fees.

Question 17

List the ways by which a party's contractual obligations can be terminated.

Accepted Answer

A party's contractual obligations can be...

Question 18

Which of the following is NOT a way to discharge contractual obligations by mutual agreement?

Accepted Answer

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

Question 19

Which of the following requires that the breaching party fulfill the terms of the agreement?

Accepted Answer

A)  Identified obligation
B)  Specific performance
C)  Absolute performance
D)  Absolute obligation
E)  Specific obligation

Question 20

Damages that are designed to put the plaintiff in the position he or she would have been in had the contract been fully performed are known as which of the following?

Accepted Answer

A)  Public
B)  Legal
C)  Punitive
D)  Compensatory
E)  Equitable

Exam 20: Discharge and Remedies

Michael's offer to put Ashton in the position she would have been in had the proper faucets and flooring been used is based on the measure used for what type of damages?

Correct Answer
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How may a party's contractual obligations be discharged?

Correct Answer
verified

Carrie and Peter enter into a contract in which Carrie agrees to wash Peter's car as long as Peter tutors Carrie's son in math during the entire time Carrie is washing the car.This is an example of which type of conditional contract?

Correct Answer
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List the ways by which a party's contractual obligations can be terminated.

Correct Answer
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A party's contractual obligations can be...
View Answer

Damages that are designed to put the plaintiff in the position he or she would have been in had the contract been fully performed are known as which of the following?

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

Correct Answer
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If a contract does not clearly specify that the satisfaction is to be personal,the standard applies.

Correct Answer
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Correct Answer
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Which of the following requires that the breaching party fulfill the terms of the agreement?

Correct Answer
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Juan and Carlos enter into a contract which states: "Carlos will paint Juan's bedroom in Juan's house white and Juan promises to pay Carlos $100 upon completion." Which is an example of an implied condition?

Correct Answer
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Which of the following describes conditions explicitly stated in the contract?

Correct Answer
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is the termination of the contract,and is the return of any property given up under the contract.

Correct Answer
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Which of the following are the two primary kinds of performance?

Correct Answer
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Which is an example of a situation in which the court would likely award punitive damages after a breach of contract?

Correct Answer
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Monetary damages are also referred to as damages.

Correct Answer
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An offer of performance is known as when parties offer to perform and are ready,willing,and able to perform.

Correct Answer
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Which of the following is NOT a way to discharge contractual obligations by mutual agreement?

Correct Answer
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There are two primary kinds of performance.

Correct Answer
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A contractual condition of satisfaction may be judged by either a[n] or standard.

Correct Answer
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When all aspects of the parties' duties under the contract are executed perfectly,which of the following occurs?

Correct Answer
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Exam 20: Discharge and Remedies

Michael's offer to put Ashton in the position she would have been in had the proper faucets and flooring been used is based on the measure used for what type of damages?

Correct AnswerverifiedShow Answer

How may a party's contractual obligations be discharged?

Correct AnswerverifiedShow Answer

Carrie and Peter enter into a contract in which Carrie agrees to wash Peter's car as long as Peter tutors Carrie's son in math during the entire time Carrie is washing the car.This is an example of which type of conditional contract?

Correct AnswerverifiedShow Answer

List the ways by which a party's contractual obligations can be terminated.

Correct AnswerverifiedA party's contractual obligations can be...View AnswerShow Answer

Damages that are designed to put the plaintiff in the position he or she would have been in had the contract been fully performed are known as which of the following?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

If a contract does not clearly specify that the satisfaction is to be personal,the standard applies.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following requires that the breaching party fulfill the terms of the agreement?

Correct AnswerverifiedShow Answer

Juan and Carlos enter into a contract which states: "Carlos will paint Juan's bedroom in Juan's house white and Juan promises to pay Carlos $100 upon completion." Which is an example of an implied condition?

Correct AnswerverifiedShow Answer

Which of the following describes conditions explicitly stated in the contract?

Correct AnswerverifiedShow Answer

________ is the termination of the contract,and ________ is the return of any property given up under the contract.

Correct AnswerverifiedShow Answer

Which of the following are the two primary kinds of performance?

Correct AnswerverifiedShow Answer

Which is an example of a situation in which the court would likely award punitive damages after a breach of contract?

Correct AnswerverifiedShow Answer

Monetary damages are also referred to as damages.

Correct AnswerverifiedShow Answer

An offer of performance is known as when parties offer to perform and are ready,willing,and able to perform.

Correct AnswerverifiedShow Answer

Which of the following is NOT a way to discharge contractual obligations by mutual agreement?

Correct AnswerverifiedShow Answer

There are two primary kinds of performance.

Correct AnswerverifiedShow Answer

A contractual condition of satisfaction may be judged by either a[n] ________ or ________ standard.

Correct AnswerverifiedShow Answer

When all aspects of the parties' duties under the contract are executed perfectly,which of the following occurs?

Correct AnswerverifiedShow Answer

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A party's contractual obligations can be...
View Answer

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is the termination of the contract,and is the return of any property given up under the contract.

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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A contractual condition of satisfaction may be judged by either a[n] or standard.

Correct Answer
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Correct Answer
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