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.
Substantial Performance
D.
Tender Performance
Question #2
Seller delivers conforming goods before contract deadline, after buyer rejects non-conforming goods
A.
Frustration of Purpose
B.
Cure
C.
Cover
D.
Tender
Question #3
Buyer obtains substitute goods
A.
Insecure Party
B.
Cover
C.
Perfect Tender Rule
D.
Commercial Impracticability
Question #4
Party's indication that he is ready, willing, and able to perform
A.
Substantial Performance
B.
Perfect Performance
C.
Tender 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.
Interchangeable
B.
Tender
C.
Major Breach
D.
Course of Dealing
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.
Rescission
D.
Assurance
Question #8
Contract provision requiring performance to the satisfaction of a specified individual
A.
Satisfaction Clause
B.
Course of Dealing
C.
Perfect Tender Rule
D.
Novation
Question #9
Belief that other party will not perform
A.
Anticipatory Breach
B.
Perfect Performance
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.
Frustration of Purpose
B.
Major Breach
C.
Perfect Tender Rule
D.
Course of Dealing
Question #12
Unable to pay debts
A.
Novation
B.
Insecure Party
C.
Insolvency
D.
Perfect Performance
Question #13
A party's words or actions indicating intention not to perform the contract
A.
Cure
B.
Objective Impossibility
C.
Assurance
D.
Repudiation
Question #14
No deviations from contract; see Strict Performance
A.
Perfect Performance
B.
Perfect Performance
C.
Strict Performance
D.
Substantial Performance
Question #15
A pledge or guarantee that gives confidence or security
A.
Assurance
B.
Novation
C.
Frustration of Purpose
D.
Perfect Performance
Question #16
Only minor deviations from contact specification; acceptable in most service contracts
A.
Anticipatory Breach
B.
Perfect Performance
C.
Substantial Performance
D.
Strict Performance
Question #17
Lawsuit in which a whistleblower can obtain reward for exposing misconduct involving government contracts.
A.
Cover
B.
Qui tam
C.
Repudiation
D.
Objective Impossibility
Question #18
Substantial breach of contract usually excusing other party from further performance; see Major Breach
A.
Cover
B.
Major Breach
C.
Material Breach
D.
Frustration of Purpose
Question #19
New contract, involving new parties; cancels earlier contract
A.
Insolvency
B.
Novation
C.
Insolvency
D.
Course of Dealing
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.
Frustration of Purpose
C.
Major Breach
D.
Cover
Question #21
Party has good-faith belief that performance by other party is unlikely
A.
Major Breach
B.
Objective Impossibility
C.
Course of Dealing
D.
Insecure Party
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.
Cure
C.
Course of Dealing
D.
Insolvency
Question #24
No deviations from contract expectations; see Perfect Performance
A.
Anticipatory Breach
B.
Perfect Tender Rule
C.
Strict Performance
D.
Cover
Question #25
Mutual agreement to cancel
A.
Cure
B.
Frustration of Purpose
C.
Rescission
D.
Bailee
Question #26
Person, other than owner, who is in possession of goods under an arrangement called a bailment
A.
Repudiation
B.
Rescission
C.
Insecure Party
D.
Bailee
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.
Tender Performance
D.
Insolvency
Question #28
Goods designated as the particular goods being sold
A.
Insolvency
B.
Identified
C.
Course of Dealing
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.
Rescission
C.
Sale or return
D.
Tender
Question #30
Industry standards for permissible deviations from specifications
A.
Tender
B.
Tender Performance
C.
Course of Dealing
D.
Trade Usage
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