Question 1 (1 point)

A has fulfilled the express condition precedent to her duty to perform.Under her contract with B, A's duty to perform isabsolute. If A then fails to perform:

Question 1 options:

1. a)A will be in breach.
2. b)A will be in breach, unless her duty to perform has been discharged.
3. c)B can demand adequate assurances.
4. d)A will not be in breach.

Question 2 (1 point)

Farmer contracted to sell Rancher 25,000 bushels of corn raisedto Rancher's specifications, for Rancher's pesticide andhormone-free organic beef operation. Due to a drought, Farmer could only produce 10,000 bushels of corn, and was unable tobuy additional corn that met Rancher's specifications. WhenRancher sues, Farmer will:

Question 2 options:

1. a)successfully argue for discharge based on impracticability.
2. b)successfully argue for discharge based on impossibility.
3. c)successfully argue for discharge based on frustration of purpose.

d)be liable for breach, because Farmer assumed the risk of loss.

Question 3 (1 point)

Developer hired Builder to construct an eight-story building toDeveloper's specifications, on Developer's land. Twice thebuilding has collapsed after it reached the height of the third floor, due to the presence of unstable subsoil. If Builder refuses to try again and Developer sues for damages, Builder will:

Question 3 options:

1. a)successfully argue for discharge based on impossibility.
2. b)unsuccessfully argue for discharge based on impossibility, because Builder assumed the risk of collapse.
3. c)successfully argue for discharge based on impracticability.
4. d)successfully argue for discharge based on frustration of purpose.

Question 4 (1 point)

State hired Contractor to rebuild a historic wooden bridge in a state park. Contractor had completed over half of the work when fire destroyed the partially rebuilt bridge along with most of the lumber that Contractor had stored nearby for use in the

project. If Contractor refuses to continue working on theproject, what is Contractor's best argument that her duty torebuild the bridge has been discharged?

Question 4 options:

1. a)Frustration of purpose.
2. b)Impracticability.
3. c)Contractor has no argument to make.
4. d)Impossibility.

Question 5 (1 point)

In support of his planned landscaping business, Gardener contracted with Supplier for Supplier to provide Gardener with regular shipments of trees. When Gardener was unable to lease a location for the business, Gardener notified Supplier that their deal was off. Gardener's best argument that his duty to buy trees has been discharged would be:

Question 5 options:

1. a)Impossibility.
2. b)Impracticability.
3. c)Frustration of purpose.
4. d)There is no argument to make for Gardener.

Question 6 (1 point)

Seller is located in New York, Buyer is located in Los Angeles. Seller's contract with Buyer includes this term: "FOB Los Angeles." Which of the following statements are true?

Question 6 options:

1. a)The risk of loss passes to Buyer when the goods are loaded on the carrier in New York.
2. b)The risk of loss passes to Buyer when the goods arrive in Los Angeles.
3. c)The risk of loss passes to Buyer when the goods are alongside the carrier in New York.
4. d)None of the above.

Question 7 (1 point)

In exchange for a right of way given by Landowner to Waterpark, Waterpark agreed to give Landowner annual passes to Waterpark for the restof Landowner's life. When State passed a law makingannual passes illegal, Waterpark stopped issuing the annual passes and Landowner sued for breach. Waterpark will be:

Question 7 options:

1. a)successful in arguing for discharge based on impossibility.
2. b)successful in arguing for discharge based on impracticability.
3. c)unsuccessful in avoiding liability for breach.
4. d)successful in arguing for discharge based on frustration of purpose.

Question 8 (1 point)

Weaver contracted to purchase silk from Spinner, with shipment to be made by rail (the least expensive method) before March

4.Due to a railroad workers' strike, Spinner could not make

shipment until March 12, and Weaver now refuses to pay. What impact does this delay have?

Question 8 options:

1. a)None. Weaver received the silk and is required to pay.
2. b)None. Weaver's duty to pay was suspended during the temporary impossibility, but resumed when thecircumstances causing the impossibility ended.
3. c)Weaver's duty to pay will be discharged due to impossibility.
4. d)Weaver's duty to pay will be discharged, notwithstanding the end of the circumstances causing theimpossibility, if conditions have changed sufficiently during the temporary impossibility such that performance would now be substantially more burdensome for Weaver.

Question 9 (1 point)

Mill contracted to pay Lumberjack $8 per cord to cut and deliver pulpwood from a particular tract of land. Before the first delivery was due, a fire destroyed most of the trees on the land, except for trees on a mountain that could only be cut and delivered at a cost to Lumberjack of $20 per cord. Lumberjack refuses to deliver pulpwood from the mountain, and Mill sues for

breach. Lumberjack will be: Question 9 options:

1. a)successful in arguing for discharge based on impossibility.
2. b)successful in arguing for discharge based on impracticability.
3. c)unsuccessful in avoiding liability for breach.
4. d)successful in arguing for discharge based on frustration of purpose.

Question 10 (1 point)

Mill contracted to pay Lumberjack $8 per cord to cut and deliver a certain quantity of pulpwood from a particular tract of land. Before the first delivery was due, a fire destroyed enough of the trees that only half of the quantity could be cut and delivered, unless Lumberjack used trees from a mountain that would cost Lumberjack $20 per cord to cut and deliver. Lumberjack refuses to perform, and Mill sues for breach. Lumberjack will be:

Question 10 options:

1. a)successful in arguing for complete discharge based on impossibility.
2. b)successful in arguing for complete discharge based on impracticability.
3. c)unsuccessful in completely avoiding liability due to partial impracticability.
4. d)successful in arguing for complete discharge based on frustration of purpose.