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Exam 16: Performance and Discharge

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Question 31

Multiple Choice

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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) discharges the employer from the contract.
B) has no effect on the employer's performance.
C) changes the employer's duties under the contract.
D) suspends the employer's duty to perform.

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

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Question 32

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

A) True
B) False

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Question 33

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When an anticipatory repudiation occurs, it is treated as a material breach of a contract.

Bottling Company enters into a contract with Chug's Brewery to provide certain bottling and delivery services. Before Bottling starts to work, the market price rises for the fuel for glass ovens. Bottling tells Chug's that due to the added cost it will not perform their deal. Bottling's contractual obligation to Chug's is

The most common way to terminate contractual duties is by

A novation requires the contracting parties to make restitution of whatever they received under the contract.

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.

Lana agrees to work as Michelle's personal assistant for one year but dies in the ninth month of the contract. Lana's death

A novation requires

Any contract can be discharged by agreement of the parties.

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

Performance becomes commercially impracticable when a foreseeable, added burden of performing increases the cost slightly.

Performance can be accomplished by tender.

City Delivery, Inc., enters into a contract to deliver furniture to Damien's house with payment due on July 4. On July 4, Damien's bank is closed, and for this reason, he claims that he cannot pay on time. In this situation

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

Anticipatory repudiation discharges a contract.

Architects LLC enters into a contract with Barns & Silos Inc. to provide designs for a certain number of farm buildings. Architects provides fewer than half of the designs by the time specified in the contract because the firm is busy with other projects. Architects' performance is most likely

Iggy and Jon sign a contract by which Iggy agrees to deliver and install a gas fireplace on October 15 in exchange for Jon's promise to pay the $500 price within ten days of the install date. The delivery and installation of the fireplace and the payment of the price are examples of

A party who in good faith performs substantially all of the terms of a contract can enforce the contract against the other party.

Any breach of contract allows the breaching party to negotiate to receive additional benefits in order to remedy the breach.