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Return to Card & James' Business Law 4e Student Resources
Chapter 11 Multiple Choice Questions
Quiz Content
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Which one of the following is not a method by which a contract can be discharged?
Discharge by misrepresentation
correct
incorrect
Discharge by performance
correct
incorrect
Discharge by breach
correct
incorrect
Discharge by agreement
correct
incorrect
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Regarding the time of performance, which one of the following statements is untrue?
Where time is of the essence of a contract, a slight delay will not allow the non-breaching party to terminate the contract.
correct
incorrect
Where a contract does not provide that performance must be completed by a certain date, the parties to the contract must perform their obligations within a reasonable time.
correct
incorrect
Where the time of performance is not 'of the essence of the contract,' then a party to the contract can give notice that it has become of the essence of the contract.
correct
incorrect
Time will be of the essence where the subject matter of the contract indicates that time shall be of the essence.
correct
incorrect
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Regarding the tendering of performance, which one of the following statements is untrue?
If a debtor attempts to tender payment, but the other party refuses, then the debtor is discharged from the obligation to pay.
correct
incorrect
A tender of payment is only valid if made in legal currency.
correct
incorrect
A refusal to accept the tender of performance (where performance amounts to an act other than the payment of money) will constitute a breach of contract
correct
incorrect
The tender of payment is invalid if the other party is required to provide change.
correct
incorrect
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In relation to discharge by agreement, which one of the following statements is untrue?
If both parties wish to discharge a contract, they must create a written agreement stating that the contract has been discharged.
correct
incorrect
Generally, both parties will need to provide consideration for the other's agreement to discharge.
correct
incorrect
Under the common law, a contract made by deed can only be discharged via a deed.
correct
incorrect
A partial discharge of a contract that must be made in writing will usually only be valid if the agreement to discharge is made in writing.
correct
incorrect
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What is 'renunciation?'
Renunciation occurs where one party demonstrates an intention not to perform his contractual obligations.
correct
incorrect
Renunciation occurs where one party, through his own act or default, incapacitates himself from performing his contractual obligations.
correct
incorrect
Renunciation occurs where a party fails to perform adequately his contractual obligations.
correct
incorrect
Renunciation occurs where both parties decide to abandon the contract.
correct
incorrect
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Regarding breach of contract that arises through defective performance, which one of the following statements is true?
Where statute or case law does not classify the status of a term, the court will attempt to determine the status of the term by reference to the parties' intentions.
correct
incorrect
If one party fails to adequately perform his obligations, then the other party can always terminate the contract.
correct
incorrect
The court will always uphold the parties' classification of a term.
correct
incorrect
Breach of a warranty will allow the non-breaching party to terminate the contract and claim damages.
correct
incorrect
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What is an innominate term?
An innominate term is a term which, if breached, allows the non-breaching party to terminate the contract providing that the breach deprived him of substantially the whole benefit of the contract.
correct
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An innominate term is a term that goes to the root of the contract and, if breached, allows the non-breaching to terminate the contract and claim damages.
correct
incorrect
An innominate term is a term which, if breached, allows the non-breaching party to claim damages, but does not permit him to terminate the contract.
correct
incorrect
An innominate term is a term allows the non-breaching party to terminate the contract, but only where the other party breached the contract knowingly.
correct
incorrect
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If a non-breaching party validly terminates the contract, a number of consequences may follow. Which one of the following is not a valid consequence of termination?
Termination always discharges the entire contract.
correct
incorrect
If there has been a total failure of consideration, the non-breaching party can recover any monies paid.
correct
incorrect
The party that terminated the contract is released from performing any obligations that remain to be performed.
correct
incorrect
A party that exercises the right to terminate cannot subsequently change his mind and demand performance.
correct
incorrect
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If the non-breaching party decides to affirm the breach, a number of consequences may follow. Which one of the following is not a valid consequence?
If the non-breaching party affirms the breach, the contract remains in force, but any further breaches will entitle the non-breaching party to immediately terminate the contract.
correct
incorrect
If the non-breaching party obtains an order for specific performance, this will amount to conditional affirmation only.
correct
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The contract will remain in force and will continue to bind both parties.
correct
incorrect
If the non-breaching party unequivocally affirms the breach, the right to terminate is lost and he cannot subsequently change his mind and terminate the contract.
correct
incorrect
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What is frustration?
Frustration occurs where a party fails to perform his contractual obligations due to an event that is beyond the control of either party.
correct
incorrect
Frustration occurs where one party breaches his contractual obligations due to interference from the other party.
correct
incorrect
Frustration occurs where one party cannot perform his contractual obligations due to his own negligent act.
correct
incorrect
Frustration occurs where contractual performance becomes more difficult.
correct
incorrect
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