FiltersDone

Question type

Essay

Multiple Choice

Short Answer

True False

Matching

Exam 18: Performance and Dischapterarge

Show Answer

Share

---

All types

Filters

Study FlashcardsPractice ExamLearn

Question 31

Multiple Choice

Review LaterAdd Note

Review Later

Trucking LLC enters into a contract to deliver a certain quantity of potatoes to United Foods's refrigerated warehouse in exchange for a specified payment. Trucking delivers substantially all of the spuds to the location. United's duty to pay is

A) discharged.
B) breached.
C) absolute.
D) performed.

E) None of the above
F) C) and D)

Correct Answer

verified

Show Answer

Question 32

Essay

Review LaterAdd Note

Review Later

Floors n' More Inc. hires Gordo to renovate Floors n' Mores showroom. Gordo submits plans that Floors n' More approves. Gordo completes the major reconstruction, paints the interior, and buys the fixtures and furnishings. Floors n' More rejects some of these items because they do not match the plans, and subsequently refuses to allow Gordo to finish the work or to collect payment. Could Gordo sue successfully for payment for the entire contract?

Correct Answer

verified

No, Gordo could not sue successfully for...

View Answer

Show Answer

Question 33

Multiple Choice

Review LaterAdd Note

Range Free Farms enters into a contract to deliver to Sara's Market a truckload of eggs for a certain payment. Range Free fails to deliver. Sara's Market

A seller who places goods at the disposal of a buyer has tendered delivery but cannot yet demand payment.

Debt Collection Service enters into a contract to employ Emma as a billing manager for two years. During the first year, Emma is often absent without explanation and when present fails to adequately do her job. This

A contract is substantially performed when one party receives most of the benefits promised in the deal.

Dom enters into a contract to buy Ezra's office building for a certain price subject to an appraiser's evaluation of the structure's condition. If the appraiser deems the condition to be substandard, the parties' obligations will be

Most contracts need to be performed to the personal satisfaction of each contracting party.

Ghee agrees to buy Hole's Donut Shop on the express condition that the shop's suppliers extend the same credit terms to Ghee that the suppliers currently extend to Hole. This approval is

Contractual obligations will be discharged when the specific subject matter of the contract is destroyed.

If one party's performance on a contract is substantial, the other party's duty to perform need only comport with the level of the rendered performance.

To provide a point at which contracting parties can know that their duties have ended, the duty to perform a contract is always absolute.

Q Media Inc. contracts with Rural Broadband LLC to design and build an all-weather communications system for Q's operations. Rural builds the system, but it repeatedly, predictably fails in bad weather conditions. Is this a breach of the contract? If so, what remedies does Q have?

Fig, who owns and operates Garden Farm, agrees to sell Harvest Grocery a minimum quantity of fresh fruits and vegetables every week for three months. If bad weather destroys Fig's crops, the obligation to deliver produce to Harvest is

If a condition to a lease for university housing that the tenant must be a student is not satisfied, the landlord's obligations under the lease are discharged.

Security Company enters into a contract with Tower Apartments to deliver and install an alarm system for a certain price. Both parties perform the acts as promised. The contract is

For mutual rescission of a contract to take place, both parties must provide additional consideration.

When a party's performance is perfect, it is complete.

Under a construction contract that requires a builder to meet certain specifications, complete performance is required to avoid material breach.

New Builders Inc. enters into a contract with O'Reilly to refurbish a garage on his property as an auto repair shop. O'Reilly's neighbor Pete challenges the project as a violation of the local zoning laws. A court orders a halt to the project. O'Reilly's contract with New Builders is