Paralegal 041 - Contract Law » 2019 » Chapter 10 Review Materials
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Question #1
What has been done by the parties in the past
A.
Substantial Performance
B.
Perfect Performance
C.
Tender Performance
D.
Course of Dealing
Question #2
Seller delivers conforming goods before contract deadline, after buyer rejects non-conforming goods
A.
Cover
B.
Tender
C.
Frustration of Purpose
D.
Cure
Question #3
Buyer obtains substitute goods
A.
Commercial Impracticability
B.
Cover
C.
Insecure Party
D.
Perfect Tender Rule
Question #4
Party's indication that he is ready, willing, and able to perform
A.
Substantial Performance
B.
Tender Performance
C.
Perfect Performance
D.
Strict Performance
Question #5
Contact has no remaining value for party due to an unanticipated event
A.
Commercial Impracticability
B.
Frustration of Purpose
C.
Cure
Question #6
Fungible
A.
Course of Dealing
B.
Tender
C.
Interchangeable
D.
Major Breach
Question #7
Buyer has reasonable time to reject goods that fail, in any respect, to conform to the contract
A.
Perfect Tender Rule
B.
Assurance
C.
Insecure Party
D.
Rescission
Question #8
Contract provision requiring performance to the satisfaction of a specified individual
A.
Novation
B.
Satisfaction Clause
C.
Perfect Tender Rule
D.
Course of Dealing
Question #9
Belief that other party will not perform
A.
Anticipatory Breach
B.
Substantial Performance
C.
Strict Performance
D.
Perfect Performance
Question #10
Discharge
A.
Release
B.
Cover
C.
Commercial Impracticability
Question #11
Substantial breach of contract, usually excusing other party from further performance; see Material Breach
A.
Course of Dealing
B.
Major Breach
C.
Frustration of Purpose
D.
Perfect Tender Rule
Question #12
Unable to pay debts
A.
Perfect Performance
B.
Novation
C.
Insolvency
D.
Insecure Party
Question #13
A party's words or actions indicating intention not to perform the contract
A.
Repudiation
B.
Assurance
C.
Cure
D.
Objective Impossibility
Question #14
No deviations from contract; see Strict Performance
A.
Substantial Performance
B.
Strict Performance
C.
Perfect Performance
D.
Perfect Performance
Question #15
A pledge or guarantee that gives confidence or security
A.
Perfect Performance
B.
Novation
C.
Frustration of Purpose
D.
Assurance
Question #16
Only minor deviations from contact specification; acceptable in most service contracts
A.
Substantial Performance
B.
Strict Performance
C.
Perfect Performance
D.
Anticipatory Breach
Question #17
Lawsuit in which a whistleblower can obtain reward for exposing misconduct involving government contracts.
A.
Qui tam
B.
Repudiation
C.
Cover
D.
Objective Impossibility
Question #18
Substantial breach of contract usually excusing other party from further performance; see Major Breach
A.
Material Breach
B.
Cover
C.
Frustration of Purpose
D.
Major Breach
Question #19
New contract, involving new parties; cancels earlier contract
A.
Novation
B.
Insolvency
C.
Course of Dealing
D.
Insolvency
Question #20
Contract provision excusing performance for an event such as "act of God," fire, labor dispute, accident, or transportation difficulty
A.
Major Breach
B.
Frustration of Purpose
C.
Force Majeure
D.
Cover
Question #21
Party has good-faith belief that performance by other party is unlikely
A.
Objective Impossibility
B.
Insecure Party
C.
Major Breach
D.
Course of Dealing
Question #22
Impossibility in an objective sense; not personal
A.
Cover
B.
Perfect Tender Rule
C.
Frustration of Purpose
D.
Objective Impossibility
Question #23
To make available
A.
Tender
B.
Course of Dealing
C.
Insolvency
D.
Cure
Question #24
No deviations from contract expectations; see Perfect Performance
A.
Perfect Tender Rule
B.
Strict Performance
C.
Cover
D.
Anticipatory Breach
Question #25
Mutual agreement to cancel
A.
Rescission
B.
Cure
C.
Frustration of Purpose
D.
Bailee
Question #26
Person, other than owner, who is in possession of goods under an arrangement called a bailment
A.
Bailee
B.
Insecure Party
C.
Rescission
D.
Repudiation
Question #27
A party may be excused from contract obligations if an unforeseen circumstance makes performance impracticable
A.
Tender Performance
B.
Insolvency
C.
Commercial Impracticability
D.
Perfect Tender Rule
Question #28
Goods designated as the particular goods being sold
A.
Identified
B.
Course of Dealing
C.
Insolvency
D.
Cover
Question #29
Seller delivers goods to buyer who resells or returns them to seller; buyer takes title until sale or return
A.
Sale or return
B.
Tender
C.
Rescission
D.
Repudiation
Question #30
Industry standards for permissible deviations from specifications
A.
Tender Performance
B.
Course of Dealing
C.
Tender
D.
Trade Usage
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