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need help on the following QUESTION 1 A contract can be discharged thus bringing the rights and obligations of the parties to an end in
need help on the following
QUESTION 1 A contract can be discharged thus bringing the rights and obligations of the parties to an end in which of the following circumstances: () by performance and by express agreement. () by reascn of a term in the contract or by operation of law. ) by breach and under the doctrine of frustration. ) all of the above. QUESTION 2 To discharge a contract by agreement requires which of the fallowing: () aterm in the contract itself when activated, usually on the happening of an event will cause the contract to come to an end. () the parties entering into a separate agreement () answers 1 and 2 above. () by the parties performing most of their contractual obligations. QUESTION 3 A party breaches a contract when they refuse or fail to perform one or more of their obligations. Anticipatory breach is where; () it becomes evident when a party to the contract notifies the other party by words or conduct that they do net intend to perform the contract or will be unable to meet their obligations under the contract when they fall due. () one of the parties want to perform the contract but cannot because the subject matter of the has been destroyed. () there as been a partial breach of the contract only. () where the contract is breach as a result of the operation of law. QUESTION 4 For a party to argue discharge of a contract under the doctrine of frustration they must prove which of the following. () there must be supervening event. () it must not be the fault of either party. () the contract did not deal with the event. () all of the above. QUESTION 5 Krell v Henry [1902] 2 KB 740 is an example of frustration of a contract predicated upon the happening of a particular event. Krell successfully argued frustration against the landlords claim for rent when; () the flat he rented was flooded. () when King Edward VIl became ill and the coronation procession had to be cancelled. () when Krell became ill and could not use the flat. () when he refused to pay the rent because it was much greater than the landlord had originally guoted. QUESTION 6 When a court orders damages for breach on contract the purpose of the order is to: () punish the party who has breached the contract. () to compensate the innocent party for the loss suffered. () to penalise the party in addition to compensating the innocent party. () to make and example of both parties. QUESTION 7 The principle in Hadley v Baxendale [1854] 9 Exch 341 are that the damages payable from the breach of contract must: () must compensation the innocent for the loss suffered. (_) must not only compensation the innocent party for the loss suffered but must also per to punish the party in breach. J must be a natural consequence of the breach, and secondly those {not being natural consequences) of which the contractor had been made aware at the time of entering into the contract. () that the damages sought to be recovered are not to remote. QUESTION 8 The party who has suffered a loss arising from the breach of contract has an obligation to mitigate their loss or damage. Mitigation of damages means: () the innocent party has an obligation to minimise their loss. () the party in breach of contract must assist the innocent party to reduce their loss. () the party in breach of contract will have to pay the innocent parties damages irrespective of any attempt to minimise the loss. () to keep damages at a manageable level QUESTION 9 Damages for loss, disappeointment and injured feelings was ordered in which of the following cases: () Jarvis v Swan Tours Ltd [1972] 3 WLR 954 and Baltic Shipping Co v Dillon {The Ship Mikhail Lermontov) (1993) 176 CLR 344 () Taylor v Caldwell (1863) 3 B & S 826 and Tsakiroglou & Co Ltd v Noblee & Thorl Gmbh [1862] AC 93. () National Carriers Ltd v Panalpina (Northern) Ltd [1881] 1 All ER 161 and Network Ten Pty Ltd v Rowe [2006] NSWCA 4. () Commonwealth v Amann Aviation Pty Ltd (1991) 104 ALR 1 and Croockewit v Fletcher {1857) 1 H & N 893. QUESTION 10 Which of the following best explains liquidated damages: O liquidated damages is a predetermined penalty for a breach of contract O liquidated damages are damages payable based on a term in the contract which specifies that in the event of a breach a defined sum of money will be payable by way of damages. O liquidated damages mean court have a fluidity and discretion in deciding the amount of damages. O liquidated damages are no different from unliquidated damagesStep by Step Solution
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