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Exam 18: Performance and Discharge in Traditional E-Contracts

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Question 1

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Able Builders,Inc.,contracts with Beach Assets Company to build a Cool Juice stand near Divers' Beach.The work is to begin on April 1 and be done by June 1,so that the stand can open for the summer.Able Builders does not finish until June 14.The stand opens but Beach Assets loses two weeks' early summer sales due to the delay.Is Beach Assets's duty to pay for the construction of the stand discharged

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No.Able Builders substantially performed...

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Question 2

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Fact Pattern 18-B1 (Questions B9-B10 apply) Moses sells an apartment building to Noelle with a promise to install a new heating and air conditioning system before September 1.The following February 1,Moses sends Ollie,an HVAC technician,to begin the installation.Noelle orders Ollie to leave and refuses to make further payments to Moses,who files a suit against Noelle. -Refer to Fact Pattern 18-B1.Noelle's refusal to make further payments is most likely

A) a material breach.
B) complete performance.
C) excused by Moses's failure to timely install the ventilation system.
D) substantial,but not complete,performance.

E) C) and D)
F) B) and D)

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Question 3

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Lana agrees to work as Michelle's personal assistant for one year but dies in the ninth month of the contract.Lana's estate

Omar and Penn want to discharge their contract by executing a new agreement with performance different from what they originally promised.They can best accomplish this by

Most contracts need to be performed only to the satisfaction of a reasonable person unless they expressly state otherwise.

On April 1,Construction Contractors,Inc.,contracts to build a store for Discount Retail,Inc.,at a specific location in Electro City.On April 10,Electro changes its zoning law to prohibit the construction of a commercial building at that location.Discount Retail files a suit against Construction Contractors.In this situation

When a party's performance is perfect,it is said to be complete.

When an anticipatory repudiation occurs,it is treated as a material breach of a contract.

After a contract is made,a supervening event may make performance impossible in an objective sense.

Polly agrees to buy Quinn's Cycle World store business on the express condition that Ridgeline Credit Union approves the financing.This approval is

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

Restoration,Inc.,contracts to repair a crack in a supporting beam for Stagecraft Theater for $10,000.If Restoration does not perform,Stagecraft must pay

A contractual obligation may not be discharged through novation.

To rescind a contract,the parties must make a second agreement that satisfies the legal requirements for a contract.

Even-Bilt Construction contracts to build a warehouse for Discount E-Sales Company.Even-Bilt completely performs.Discount E-Sales is entitled to

OnTrack Rehabilitation Center signs an agreement with Platinum Bank to borrow $40,000 at 20 percent interest.Later,the state legislature passes a law lowering the maximum permissible rate of interest to 15 percent.OnTrack's best argument for avoiding payment to Platinum Bank is that

Any breach entitles the nonbreaching party to sue for damages.

Drainage & Irrigation Equipment,Inc.,contracts to sell its assets to Earth & Sky Aquatic Corporation.Before either party has performed,rescission of this contract requires

Any breach discharges the nonbreaching party from the contract.

Kali contracts to sell Leony her car for $3,000.This contract will be fully discharged when Kali and Leony