BUSAD 120 - Business Law » Fall 2021 » Chapter 18 Quiz

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Question #1
Performance becomes commercially impracticable when a foreseeable, added burden of performing increases the cost slightly.
A.   TRUE
B.   FALSE
Question #2
A breach of contract occurs when a party fails to perform part or all of the required duties under a contract.
A.   TRUE
B.   FALSE
Question #3
Restoration Inc. enters into a contract to refurbish an old bus depot for Quality Diners LLC. If Restoration completes most of the work promised in the contract, its performance will be
A.   conditional.
B.   complete.
C.   substantial.
D.   material.
Question #4
Only contracts that have been fully executed can be rescinded by agreement.
A.   TRUE
B.   FALSE
Question #5
Any contract can be discharged by agreement of the parties.
A.   TRUE
B.   FALSE
Question #6
Under a construction contract that requires a builder to meet certain specifications, complete performance is required to avoid material breach.
A.   FALSE
B.   TRUE
Question #7
The most common way to terminate contractual duties is by
A.   agreement.
B.   repudiation.
C.   performance.
D.   failure of a condition.
Question #8
A novation requires the contracting parties to make restitution of whatever they received under the contract.
A.   TRUE
B.   FALSE
Question #9
Contractual obligations will be discharged when the specific subject matter of the contract is destroyed.
A.   TRUE
B.   FALSE
Question #10
Ghee agrees to buy Hole’s Donut Shop on the express condition that the shop’s suppliers extend the same credit terms to Ghee that the suppliers currently extend to Hole. This approval is
A.   a condition precedent.
B.   an implied condition.
C.   a concurrent condition.
D.   a condition subsequent.
Question #11
Tender is an unconditional offer to perform by a person who is ready, willing, and able to do so.
A.   TRUE
B.   FALSE
Question #12
Rene contracts with Scot to pay him $5,000 for repairs to Rene’s lake cabin. After Scot performs, Rene tells him that she cannot pay him in full immediately. They sign an agreement in which Rene promises to pay $2,500 now instead of $5,000 later. This is
A.   a mutual agreement to rescind.
B.   an accord and satisfaction.
C.   specific performance.
D.   a novation.
Question #13
Adrian operates a recycled metals business and contracts to provide ten tons of scrap steel at $500 per ton to be delivered to Build-It-Rite Materials Inc. in seven months. An unforeseen shortage of scrap steel suddenly develops, making it impossible for Adrian to fulfill the contract for less than $5,000 per ton. Adrian’s best defense against performing the contract would be that
A.   procuring the steel would force the seller into bankruptcy.
B.   performance of the contract is commercially impracticable.
C.   the specific subject matter of the contract has been destroyed.
D.   the law has rendered performance of the contract illegal.
Question #14
Iggy and Jen sign a contract by which Iggy agrees to deliver and install a gas fireplace on October 15 in exchange for Jen’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.   conditions precedent.
B.   conditions subsequent.
C.   implied conditions.
D.   concurrent conditions.
Question #15
  
A.   a breach of contract.
B.   a condition.
C.   a novation.
D.   an operation of law.
Question #16
If performance of a contract is not substantial, there is a material breach, which excuses the nonbreaching party from performance.
A.   TRUE
B.   FALSE
Question #17
An accord and its satisfaction do not discharge an original contractual obligation.
A.   TRUE
B.   FALSE
Question #18
Architect LLC enters into a contract with Barn & Silo Inc. to provide designs for a certain number of farm buildings. Architect provides fewer than half of the designs by the time specified in the contract because the firm is busy with other projects. Architect’s performance is most likely
A.   a material breach.
B.   a reasonable breach.
C.   no breach.
D.   a minor breach.
Question #19
  
A.   conditional.
B.   complete.
C.   substantial.
D.   material.
Question #20
Drain Equipment Inc. contracts to sell its assets to Earth Aquatic Corporation. Before either party has performed, rescission of this contract requires
A.   specific performance.
B.   an accord and satisfaction.
C.   a mutual agreement to rescind.
D.   a novation.
Question #21
Dom enters into a contract to buy Ezra’s office building for a certain price subject to an appraiser’s evaluation of the structure’s condition. If the appraiser deems the condition to be substandard, the parties’ obligations will be
A.   altered.
B.   breached.
C.   performed.
D.   discharged.
Question #22
Anticipatory repudiation of a contract is treated as a present, material breach in order to give the non-breaching party an opportunity to seek a similar deal elsewhere.
A.   TRUE
B.   FALSE
Question #23
Range Free Farms enters into a contract to deliver to Sara’s Market a truckload of eggs for a certain payment. Range Free fails to deliver. Sara’s Market
A.   must pay in anticipation of the delivery to avoid a breach of contract.
B.   must pay under the contract, but can sue Range Free for breach.
C.   does not have to pay because Range Free did not perform.
D.   does not have to pay, but then cannot sue Range Free.
Question #24
Emil enters into a contract to buy Foley’s cultivated bottomland if County AgriCredit will lend Emil the funds to pay for the land. Emil’s duty to perform is
A.   conditional.
B.   absolute.
C.   commercially impracticable.
D.   substantial.
Question #25
When a lapse of time and a change in circumstances make it substantially more burdensome for the parties to perform, a contract is discharged.
A.   FALSE
B.   TRUE

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