Question 1(1 point)

Which one of the following statements is the most accurate description of the holding inHochster v. De La Tour?

Question 1 options:

a)

Where the defendant has made it clear that he does not intend to perform, the plaintiff is required to wait until the time for performance before suing for damages.

b)

Where the defendant has made it clear that he does not intend to perform, the plaintiff is not required to wait until the time for performance before suing for damages.

c)

For the defendant to make it clear that he does not intend to perform, notice to the plaintiff must be given not less than 10 days prior to the date for performance.

d)

For the defendant to make it clear that he does not intend to perform, notice to the plaintiff can be given at any time prior to the date for performance.

Question 2(1 point)

Notice of a party's intention not to perform can be made:

Question 2 options:

a)

By a written statement, as inHochster v. De La Tour.

b)

Where the defendant mentions to the plaintiff that she will be out of town on the date for performance.

c)

Where the defendant sells the subject matter to a third party.

d)

All of the above.

Question 3(1 point)

Which one of the following statements is the most accurate description of the holding inDrake v. Wickwire?

Question 3 options:

a)

Any statement by the defendant that causes the plaintiff to doubt the defendant's willingness to perform is sufficient for anticipatory repudiation.

b)

Any action by the defendant that causes the plaintiff to doubt the defendant's willingness to perform is sufficient for anticipatory repudiation.

c)

The statement constituting the anticipatory repudiation must be reasonably clear about the defendant's unwillingness to perform.

d)

The statement constituting the anticipatory repudiation must suggest that the defendant may not be willing to perform.

Question 4(1 point)

On January 15, Consultant contracts to do onsite work for Client from March 1-5. On February 1, Client receives an email about an upcoming industry trade show, running from March 1-5. The email indicates that Consultant, one of the featured speakers, will be available to meet the public all 5 days of the tradeshow. Client:

Question 4 options:

a)

must wait until March 1 to see whether Consultant arrives onsite.

b)

must demand adequate assurances from Consultant.

c)

can sue immediately for breach.

d)

can sue immediately for breach, but only after contacting Consultant to confirm Consultant's unavailability.

Question 5(1 point)

Which one of the following statements is the most accurate description of the holding inCohen v. Kranz?

Question 5 options:

a)

Rescinding a contract based on defects that are curable prior to performance is an anticipatory repudiation.

b)

Rescinding a contract based on defects that are curable prior to performance is not an anticipatory repudiation.

c)

The presence of defects that are curable prior to performance is a problem unique to contracts involving real property.

d)

Whether the defendant is able to actually cure defects prior to performance is not considered in determining whether there has been an anticipatory repudiation.

Question 6(1 point)

Neighbor contracts to buy Dad's car for $5,000. Dad and Neighbor agree that Neighbor will stop byon Fridayto pay for the car and pick up the keys.On Tuesday, Dad sells the car to Son for $500, who desperately needs a car to get to his new job across town but can't afford to pay much for it.On Wednesday, Neighbor sees Son driving the car and finds out about the sale. Regarding these facts:

Question 6 options:

a)

Dad has anticipatorily breached the contract with Neighbor.

b)

Dad has unequivocally communicated his intent not to perform.

c)

Neighbor can sue immediately for breach.

d)

All of the above.

Question 7(1 point)

Buyer contracts with Seller to purchase 20 floor buffers at $500 each with delivery on the 30th. On the 20th, Seller calls Buyer and says "I'm not sure we can get this done for $500. I mean, the wholesale price for floor buffers just keeps going up," and the Seller hangs up. Based on this information, Buyer can:

Question 7 options:

a)

Immediately stop performing under the contract.

b)

Immediately sue for breach, based on anticipatory repudiation.

c)

Request adequate assurances from Seller.

d)

Both A and B.

Question 8(1 point)

Buyer contracts with Seller to purchase 20 floor buffers at $500 each with delivery on the 30th. On the 20th, Seller calls Buyer and says "I'm not sure we can GET THIS DONE for $500. I mean, the wholesale price for floor buffers just keeps going up," and the Seller hangs up. Buyer demands adequate assurances from Seller, but Seller never responds. Based on this information, Buyer can:

Question 8 options:

a)

Immediately stop performing under the contract.

b)

Immediately sue for breach, based on anticipatory repudiation.

c)

Only wait for the time for performance to see whether Seller performs.

d)

Both A and B.

9(1 point)

Buyer contracts with Seller to purchase 20 floor buffers at $500 each with delivery on the 30th. On the 20th, Seller calls Buyer and says "I'm not sure we can get this done for $500. I mean, the wholesale price for floor buffers just keeps going up," and the Seller hangs up. Buyer demands adequate assurances from Seller, and Seller responds "don't worry about it, I will see you on the 30th." Based on this information, Buyer can:

Question 9 options:

a)

Immediately stop performing under the contract.

b)

Immediately sue for breach, based on anticipatory repudiation.

c)

Only wait for the time for performance to see whether Seller performs.

d)

Both A and B.

10(1 point)

Chris signs a contract to buy Pat's house. Afterwards, Pat's real estate agent puts a "sold" sign in the yard.Wanting to show off her soon-to-be new home, a few days later Chris drove by with a friend, and notices that the "sold" sign had been replaced with a "for sale" sign. Chris emailed Pat, to let Pat know that she had seen the "for sale" sign, and encouraged Pat to honor their contract. Chris:

Question 10 options:

a)

Can wait for the time for performance to see whether Pat performs as promised.

b)

Can suspend performance and sue Pat immediately.

c)

Must wait until the time for performance before suing Pat, because of her email.

d)

Both A and B.