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