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