Contractual Performance And Breach

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Question 1

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When only one of the parties drafts (writes) a contract, courts will interpret ambiguous or vague terms against the party that drafts them.

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Question 2

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The parol evidence rule states that parties to a complete and final written contract can introduce oral evidence in court that changes the intended meaning of the written terms.

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Question 3

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Oral evidence that changes the meaning of written terms can be given if necessary to prevent fraud.

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Question 4

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A party to a contract is discharged when that party is relieved from all further responsibility of performance.

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Question 5

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If something must take place in future, before a party has a duty to perform, it is a condition subsequent.

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Question 6

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A contracting party has no duty to perform prior to a condition precedent being satisfied.

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Question 7

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Paying for the items purchased at a store, as the store delivers the items is an example of implied concurrent conditions of performance.

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Question 8

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When parties fail to provide details, the law states the buyer's payment is a condition that must be satisfied after the seller has performed his/her duty to deliver.

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Question 9

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Once the seller transfers the goods to the shipper, the burden of damages in transit also rests with him/her.

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Question 10

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If a contract is silent as to delivery, there is a presumption that the buyer is responsible for picking up the goods at the seller's location.

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Question 11

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One party's tender of performance may satisfy a required condition leading to the other party's duty to perform.

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Question 12

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Complete performance discharges a party to a contract.

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Question 13

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Material breach represents a less-than-complete performance.

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Question 14

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Homer hired Bob Builders Pvt. Ltd to construct his house. They signed a contract, which stated that Bob Builders wouldill complete the work by April 4th 2012, and Homer wouldill pay them in full. Homer has the right to deny them payments if they miss the date.

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Question 15

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An employment contract is an example of divisibility of performance.

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Question 16

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Increased difficulty of performance or reduced profitability will constitute valid grounds for claiming impossibility of performance.

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Question 17

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Under the UCC a party to a sale-of-goods contract receives discharge from performance because of commercial impracticability.

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Question 18

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Sheena is a week late in paying her rent. She requests her landlord to not charge her the late payment fees, and the landlord agrees. This is an example of a waiver.

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Question 19

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Releases usually occur after a contracting party fails to perform.

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Question 20

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Rescission is a court-awarded damage arising from unusual losses which the parties knew would result from breach of the contract.

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