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Exam 20: Discharge and Remedies

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Question 21

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From what country did equitable remedies, as applied in the U.S., grow?

A) France
B) Italy
C) England
D) Spain
E) Portugal

F) C) and E)
G) C) and D)

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Question 22

Multiple Choice

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"Dream Home." Maurice finds a dream home on the lake. He wants to buy it but is unsure whether he can get a loan. He signs a contract with the seller that he will buy the home provided that he can get a loan. Maurice also includes a contractual clause in the contract with the seller that if he loses his job before the date the purchase contract is signed, the seller will release him from any obligation. After getting a loan and buying the home, Maurice decided that he wanted new windows. He entered into a contract with a window contractor. The window contractor visited the home, but Maurice was always gone. The contractor made several attempts to reach Maurice, but Maurice would not return phone calls and made no attempt to assist the contractor with installation -The provision that the seller will release Maurice from any obligation if he lost his job is referred to as which of the following?

A) A condition subsequent
B) A condition precedent
C) A bona fide condition
D) A condition concurrent
E) An exculpatory condition

F) None of the above
G) A) and D)

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Question 23

Multiple Choice

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An offer of performance by being ready, willing, and able to perform is known as ____.

When an enforceable contract does not exist, the court may grant a recovery based on quasi-contract in order to prevent an injustice from occurring.

Liquidated damages will be enforced based upon the free-will concept of contracts even if the liquidated damages amount is unreasonable.

Which of the following is not a way in which a contract may be discharged by operation of law?

Which of the following is used as a basis for discharge by operation of law when performance is still objectively possible but would be extraordinarily injurious or expensive to one party?

"Hawaiian Adventure." Beverly decides to go on a great trip to Hawaii. She needs someone, however, to take care of her two dogs, Creaky and Toady, while she is gone. She hires Frank three months in advance and they reach a contractual arrangement whereby he will be paid $200 for keeping the dogs for two weeks. Frank comes over two months before Beverly is set to leave, takes one look at Creaky and Toady, and declares that they are too creepy to be around. Beverly hires Alice who agrees to care for Creaky and Toady. Two weeks before Beverly is set to leave, however, Alice calls and tells her that she just broke both her legs in an automobile accident and has been put on bed rest for two months. Finally, Beverly hires Betty to care for the dogs and heads off to Hawaii where she has a great time. Unfortunately, when Beverly returns home, she finds that Betty has absconded with Creaky and Toady. They were later found in good health in an exclusive resort visited by Betty. Betty refuses to return Creaky and Toady to Beverly claiming that they were all enjoying the resort and that she had become quite attached to them. -Which of the following is true regarding Frank's refusal to keep Creaky and Toady?

Which of the following occurs when parties agree that they simply wish to discharge each other from their mutual obligations and therefore rescind or cancel the contract?

Which of the following conditions occur when each party's performance is conditioned on the performance of the other?

Discuss the circumstances that result in an anticipatory repudiation of a contract. Discuss the rights of a nonbreaching party when faced with anticipatory repudiation.

Which of the following are foreseeable damages within the contemplation of the parties at the time the contract was made, and that result from special facts and circumstances arising outside the contract itself?

Which of the following doctrines arose from cases in England in which parties who had contracted for rooms along a parade route for a king's coronation, received their money back when the coronation was canceled because the king became ill?

A condition ______ is a particular event that must occur in order for a party's duty to arise.

Set forth the three main situations in which the courts find objective impossibility.

Powder Room Mess." For $300,000, Willis agrees to build a new home for Robert, who is very picky. Willis builds the home to Robert's specifications with one exception. The faucets and linoleum flooring in an upstairs powder room are not exactly what Robert specified. That was a mistake on Willis' part, but he had not intentionally failed to follow specifications. When Robert sees the powder room, he goes ballistic and tells Willis that he will not pay Willis anything for the house. It will take $300 to put in correct faucets and linoleum. Willis says that he is willing to pay $300 to put Robert in the position he would have been in had the correct faucets and linoleum been used, but that is all he is willing to pay. -Which of the following is true regarding the breach, if any, that occurred?

Which of the following occurs when, instead of canceling a contract, the parties substitute a new agreement in place of the original?

Which of the following types of damages are designed to punish the defendant and deter him and others from engaging in similar behavior in the future?

Which of the following describes conditions explicitly stated in the contract?

Yolanda and Rodney agreed that Rodney would paint Yolanda's home for $800 with Yolanda supplying the paint. Rodney went to Yolanda's home on several occasions to do the job, but she never had the paint ready. Finally, he moves on to other jobs. Six months later Yolanda sues Rodney for not painting the home. Who is likely to win and why? Set forth the legal term for Rodney's offer of performance.