Need answers for this questions posted here:

The obligations under a contract can be discharged when both parties satisfactorily perform the terms of the contract. Which of the following will not constitute proper performance?

When a condition is breached in some minor, inconsequential way

Exact performance

When failure to perform involves a condition

Substantial performance

When failure to perform involves a warranty

Which of the following is not considered adequate tender of performance?

The debtor attempts to pay in legal tender, but the creditor refuses.

An attempt is made to perform the specified service at the specified time and place.

The contract is partially performed but not at the specified time or place.

The debtor pays in legal tender.

An attempt is made to perform the specified service.

Accord and satisfaction occurs when

one party states that neither has to fulfill the obligations.

one party substitutes a third party into his place in the contract.

the parties agree to end the contract based on some other satisfaction.

the parties seek the court's help in terminating their relationship.

one party assigns her rights under the contract to another.

Jones entered into a contract with Chan for the purchase of Chan's business. As Jones intended to expand the business and understood that such expansion was contingent on municipal approval to rezone the premises, the contract specified that if the rezoning was not approved, the contract would be terminated and the parties would be placed in their pre-contractual positions. Which of the following is true?

The relevant clause is commonly referred to as a novation clause.

The relevant clause is commonly referred to as aforce majeureclause.

Frustration does not apply, as the outside event was anticipated by the parties.

The doctrine of frustration does apply, as the outside event was not reasonably anticipated by the parties.

The relevant condition to the contract is commonly referred to as a frustration clause.

Which of the following is not a remedy that an injured party may have available, depending on the type of breach and the subject matter of the contract?

Mitigation

Rescission

Injunction

Damages

Quantum meruit

Which of the following remedies are often provided for in the body of a contract?

Liquidated damages and deposit forefeiture

Deposits and specific performance

Rescission and down payments

Specific performance and injunctions

Accounting andquantum meruit

Gwen breaches a contract with Harold. Harold sues for the breach. As part of the award, the Court requires Gwen to complete her contractual obligation to build a building. Gwen refuses to do so. What is the legal result?

Nothing. No one can enforce the order to take a specific action.

Harold can publically declare that Gwen is a cheat.

The court will find Gwen in contempt of court.

The court will order punitive damages.

Harold can sue again for breach of contract.

Which of the following statements is false about performance?

A person never has to pay for an ordered product if it does not exactly match the description.

It is often important to determine if performance has occurred to determine if the other party is obligated.

A customer can be required to pay at the time he takes his goods.

An employer is not obligated to pay an hourly employee if she does not work her shift.

A salesman can be required to deliver the car before the buyer is obligated to pay.

Bob hires Sue to paint his portrait. Sue paints a landscape instead, hoping to sell it to a third party for more money after Bob declares the contract breached. Bob wants to keep the landscape and offers the agreed to payment. Can Sue refuse to give Bob the painting because of her breach without violating the contract?

No. There is no breach of contract because the type of painting is not important.

Yes. The painting belongs to Sue because her breach terminated the contract.

No. The contract was binding on both parties once Sue started painting.

No. The victim has the right to terminate a contract due to a breach but does not have to.

Yes. Since Sue is the artist, the painting belongs to her until she accepts payment for it.

What is an exemption clause?

A valid contract clause that details what actions constitute a fundamental breach

An invalid contract clause that exempts the parties from criminal prosecution for actions related to the contract

A valid contract clause that states the liability of a party is significantly limited or eliminated should that party breach the contract

A valid contract clause that limits the property to be sold

An invalid contract clause that states the contract is enforceable if one party breaches a condition

Which of the following situations is not repudiation?

A party fails to make the first five (of seven) deliveries.

A party sends a letter to the other saying he plans to sell the subject of the contract to a competitor.

A party speaks to the other and states she will not be able to make delivery of the contracted product.

A party sells the subject of the contract to someone else.

A party is two days late with the second of ten deliveries.

Edna agrees to mow Danny's lawn every week for five dollars per week. After three weeks, Edna wants to stop mowing and Danny has found another lawn mower for less money. They agree that Edna will no longer mow the lawn and Danny will not owe her any further payment. Can the parties end the contract?

Yes. Contracts can be terminated by agreement as long as there is consensus and fresh consideration.

No. There is no consideration on Danny's part to terminate the contract so the agreement is invalid.

Yes. Contracts can always be terminated by agreement of the parties.

No. Contracts cannot be terminated once performance has begun.

Maybe. The contract can be terminated if a court decides the termination is fair to both parties.

A contract states that if Party A sells his home and leaves the jurisdiction before completing the contract then neither party is required to complete performance. This is a(n)

condition precedent.

exemption clause.

force majeureclause.

anticipatory breach.

condition subsequent.

In which of the following situations is the contract not discharged by frustration?

A developer buys a property from the town for the purpose of making affordable tiny apartments in an area zoned for tiny dwellings. The zoning board declares no tiny apartments can be built.

A painter is hired to paint a mural on a school. A tornado completely destroys the school.

Two parties contract for the sale of the goods inside a ship. Before they sign, the contract the ship sank.

A contractor is hired to roof a home. The home burns down before she can start.

An employee is injured and cannot perform the job he was hired to do.

Nancy contracts to purchase a large amount of product from Ivan and paid $500 as a down payment. Ivan starts preparing the order and incurs costs but has not yet delivered any of the product. The contract is then frustrated. Under current legislation, what happens?

Ivan must deliver as promised.

Ivan always keeps the down payment to defray his costs.

Nancy always gets her money back.

Ivan must return the part of the down payment he did not use preparing to deliver the product.

Nancy can get the product from another source and sue Ivan for the difference in the cost and to get her deposit back.

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