AIC 301 - EXPANDING YOUR CLAIMS PERSPECTIVE ACTUAL
EXAM/ MOSTLY TESTED QUESTIONS AND CORRECT DETAILED
ANSWERS| 100% CORRECT SOLUTIONS/GRADE A+
Emilia's state hired Emilia, a musician, to create a theme song for the state's public school
system. Two disputes between the parties eventually led them to court. First, the contract
called for Emilia to be paid $12,000, but the state actually paid Emilia in bonds worth $12,000.
Second, the contract was unclear about the length of the theme song. It said that the song had
to be "of length no less than thirty (60) seconds," and the parties could not agree whether 30
seconds or 60 seconds was correct. Using the established guidelines of contract construction,
which one of the following is the court most likely to determine?
Select one:
A. Emilia must be paid in cash, and the song must be at least 60 seconds long.
B. Emilia can be paid in bonds, and the song must be at least 60 seconds long.
C. Emilia can be paid in bonds, and the song must be at least 30 seconds long.
D. Emilia must be paid in cash, and the song must
,Ans: D. Emilia must be paid in cash, and the song must be at least 30 seconds long.
Emilia must be paid in cash, and the song must be at least 30 seconds long. Words prevail over
numbers.
Qiz In general, if a party assigns rights and delegates obligations to an assignee, but a third
party to the contract has a defense against the assignor, the third party can assert that same
defense against
Select one:
A. The assignee only.
B. The assignor only.
C. Either the assignee or the assignor, but not both.
D. Both the assignee and the assignor.
Ans: D. Both the assignee and the assignor.
If a party assigns rights and delegates obligations to an assignee, but a third party has a defense
against the assignor, the third party can assert that same defense against both the assignee and
the assignor.
Qiz Forest has contracted with a hat company, Company X, to buy hats so that he can supply
500 hats of a specific type, made only by Company X, to Company Z. Just one day before the
, delivery date, Forest learns that Company X has gone out of business and he will therefore not
be able to supply the hats to Company Z. Forest cannot find the specified hats elsewhere in the
marketplace, either. Company Z has sued Forest for breach of contract. Forest's duty to
perform will be discharged because
Select one:
A. Forest could substitute a product of like kind and quality.
B. Forest could get a novation of his contract with Company Z.
C. Performance by Forest became objectively impossible.
D. Performance by Forest became impracticable.
Ans: C. Performance by Forest became objectively impossible.
Performance by Forest became objectively impossible because Forest cannot conceivably
perform (provide the specifically required hats). Impracticability concerns excusing
performance that is possible but unreasonably difficult. Novation does not apply, as it is the
substitution of a contractual party.
Qiz In a contract for 1,000 loaves of bread, grocer Andy wrote out the words "one thousand"
but typed in the number 100. The supplier delivered 100 loaves which resulted in a loss of a
major customer. Which one of the following priorities will apply in this case?
Select one:
A. Words prevail over printing.
B. Handwriting prevails over typewriting.
EXAM/ MOSTLY TESTED QUESTIONS AND CORRECT DETAILED
ANSWERS| 100% CORRECT SOLUTIONS/GRADE A+
Emilia's state hired Emilia, a musician, to create a theme song for the state's public school
system. Two disputes between the parties eventually led them to court. First, the contract
called for Emilia to be paid $12,000, but the state actually paid Emilia in bonds worth $12,000.
Second, the contract was unclear about the length of the theme song. It said that the song had
to be "of length no less than thirty (60) seconds," and the parties could not agree whether 30
seconds or 60 seconds was correct. Using the established guidelines of contract construction,
which one of the following is the court most likely to determine?
Select one:
A. Emilia must be paid in cash, and the song must be at least 60 seconds long.
B. Emilia can be paid in bonds, and the song must be at least 60 seconds long.
C. Emilia can be paid in bonds, and the song must be at least 30 seconds long.
D. Emilia must be paid in cash, and the song must
,Ans: D. Emilia must be paid in cash, and the song must be at least 30 seconds long.
Emilia must be paid in cash, and the song must be at least 30 seconds long. Words prevail over
numbers.
Qiz In general, if a party assigns rights and delegates obligations to an assignee, but a third
party to the contract has a defense against the assignor, the third party can assert that same
defense against
Select one:
A. The assignee only.
B. The assignor only.
C. Either the assignee or the assignor, but not both.
D. Both the assignee and the assignor.
Ans: D. Both the assignee and the assignor.
If a party assigns rights and delegates obligations to an assignee, but a third party has a defense
against the assignor, the third party can assert that same defense against both the assignee and
the assignor.
Qiz Forest has contracted with a hat company, Company X, to buy hats so that he can supply
500 hats of a specific type, made only by Company X, to Company Z. Just one day before the
, delivery date, Forest learns that Company X has gone out of business and he will therefore not
be able to supply the hats to Company Z. Forest cannot find the specified hats elsewhere in the
marketplace, either. Company Z has sued Forest for breach of contract. Forest's duty to
perform will be discharged because
Select one:
A. Forest could substitute a product of like kind and quality.
B. Forest could get a novation of his contract with Company Z.
C. Performance by Forest became objectively impossible.
D. Performance by Forest became impracticable.
Ans: C. Performance by Forest became objectively impossible.
Performance by Forest became objectively impossible because Forest cannot conceivably
perform (provide the specifically required hats). Impracticability concerns excusing
performance that is possible but unreasonably difficult. Novation does not apply, as it is the
substitution of a contractual party.
Qiz In a contract for 1,000 loaves of bread, grocer Andy wrote out the words "one thousand"
but typed in the number 100. The supplier delivered 100 loaves which resulted in a loss of a
major customer. Which one of the following priorities will apply in this case?
Select one:
A. Words prevail over printing.
B. Handwriting prevails over typewriting.
