BUL 4421- FAU GENDLER EXAM WITH
QUESTIONS AND WELL VERIFIED ANSWERS||
ALREADY GRADED A+|| GUARANTEED PASS||
LATEST VERSION 2025
Types of Conditions (3): - ANSWER-1. Condition precedent
2. Conditions subsequent
3. Conditions concurrent
Condition precedent - ANSWER-The party's duty to perform arises after a
particular event occurs
Under conditional precedent, If the event never occurs, the party's duty to
perform - ANSWER-never arises and the parties are thus discharged from the
contract.
Conditions subsequent - ANSWER-The party has a duty to perform until a
future event occurs that discharges the party
Conditions concurrent - ANSWER-the party's duty to perform requires that each
party perform for the other at the same time
Satisfaction Contracts (4): - ANSWER-1. The party is not discharged from the
contract until the* other party is satisfied with performance*
,2. Satisfaction is considered an *express condition that must be met* before the
other party's obligation to pay for the performance arises.
3. Satisfaction *may be judged* according to either a subjective or objective
standard.
4. If the contract does not clearly specify that the *satisfaction is to be objective
standard.*
Anticipatory Repudiation - ANSWER-When breaching party *conveys an
express indication of his/her intent to no longer perform* or by taking an action
that would be inconsistent with his/her ability to carry out the contract prior to
the time when such performance is due the objective standard applies.
Anticipatory Repudiation allows the non-breaching party to - ANSWER-be
discharged from his/her obligations under the contract and is free to go ahead
and sue for the breach even though performance is not yet due.
Equitable Remedies - ANSWER-Rescission and Restitution
Rescission and Restitution - ANSWER-The termination of the contract and the
return of the parties to their pre-contract status
Types of Damages (5): - ANSWER-1. Compensatory Damages
2. Nominal damages
3. Punitive Damages
4. Liquidated Damages
5. Mitigation of Damages
Compensatory Damages - ANSWER-Damages designed to put the plaintiff in
the position he or she would have been in had the contract been fully performed.
,Nominal damages - ANSWER-*Token* damages that merely recognize that the
plaintiff has been wronged.
Punitive Damages - ANSWER-Damages designed to *punish* the defendant
Liquidated Damages - ANSWER-Damages specified *in advance* of the
contract
Mitigation of Damages - ANSWER-The duty to mitigate one's damages is that
plaintiff must demonstrate that he/she *used reasonable efforts to minimize the
damages* resulting from the defendant's breach.
IX. Chapter 50: Landlord-Tenant Law - ANSWER-IX. Chapter 50: Landlord-
Tenant Law
Assignee - ANSWER-a party not in privity to a contract who is the recipient of
a transfers of rights to a contract
assignments require - ANSWER-no special wording or forms to be valid
when an assignor transfers rights to an assignee - ANSWER-the assignor legally
gives up all rights they had to collect on the contract
restrictions to assignments: - ANSWER-1. assignments covered by the statute
of frauds must be in writing
2. Assignee must agree to accept the assigned rights
3. in some situations contractual rights cannot be assigned
an assignee may decline an assignment if - ANSWER--he has not legally agreed
to it and
, -he declines in a timely fashion after learning about the assignment and its terms
(t or f) there is no protocol for rejecting an assignment - ANSWER-true
once an assignment is rejected, it is considered - ANSWER-rejected from the
time it was first offered
assignee should always give notice to the obligor as soon as possible after
receiving the assignment because - ANSWER-obligor may satisfy their
obligations by performing for the assignor until receiving notice of assignment
from assignee
Delegation - ANSWER-The transfer of a duty under a contract to a third party
Delegator - ANSWER-the party to a contract who transfers his or her duty to a
third party
Delegatee - ANSWER-the party not in privity to a contract who is the recipient
of a transfer of duty to a contract
After the delegation, although the delegatee is bound to perform, the
_______________ remains liable if the delegatee fails to perform. - ANSWER-
delegator
Third-Party Beneficiary - ANSWER-Created when two parties enter into a
contract with the purpose of benefiting a third party, called the intended
beneficiary.
The intended beneficiary need - ANSWER-not be named in the contract, as
long as the terms of the contract or events occurring after its creation make it
clear who he or she is.
QUESTIONS AND WELL VERIFIED ANSWERS||
ALREADY GRADED A+|| GUARANTEED PASS||
LATEST VERSION 2025
Types of Conditions (3): - ANSWER-1. Condition precedent
2. Conditions subsequent
3. Conditions concurrent
Condition precedent - ANSWER-The party's duty to perform arises after a
particular event occurs
Under conditional precedent, If the event never occurs, the party's duty to
perform - ANSWER-never arises and the parties are thus discharged from the
contract.
Conditions subsequent - ANSWER-The party has a duty to perform until a
future event occurs that discharges the party
Conditions concurrent - ANSWER-the party's duty to perform requires that each
party perform for the other at the same time
Satisfaction Contracts (4): - ANSWER-1. The party is not discharged from the
contract until the* other party is satisfied with performance*
,2. Satisfaction is considered an *express condition that must be met* before the
other party's obligation to pay for the performance arises.
3. Satisfaction *may be judged* according to either a subjective or objective
standard.
4. If the contract does not clearly specify that the *satisfaction is to be objective
standard.*
Anticipatory Repudiation - ANSWER-When breaching party *conveys an
express indication of his/her intent to no longer perform* or by taking an action
that would be inconsistent with his/her ability to carry out the contract prior to
the time when such performance is due the objective standard applies.
Anticipatory Repudiation allows the non-breaching party to - ANSWER-be
discharged from his/her obligations under the contract and is free to go ahead
and sue for the breach even though performance is not yet due.
Equitable Remedies - ANSWER-Rescission and Restitution
Rescission and Restitution - ANSWER-The termination of the contract and the
return of the parties to their pre-contract status
Types of Damages (5): - ANSWER-1. Compensatory Damages
2. Nominal damages
3. Punitive Damages
4. Liquidated Damages
5. Mitigation of Damages
Compensatory Damages - ANSWER-Damages designed to put the plaintiff in
the position he or she would have been in had the contract been fully performed.
,Nominal damages - ANSWER-*Token* damages that merely recognize that the
plaintiff has been wronged.
Punitive Damages - ANSWER-Damages designed to *punish* the defendant
Liquidated Damages - ANSWER-Damages specified *in advance* of the
contract
Mitigation of Damages - ANSWER-The duty to mitigate one's damages is that
plaintiff must demonstrate that he/she *used reasonable efforts to minimize the
damages* resulting from the defendant's breach.
IX. Chapter 50: Landlord-Tenant Law - ANSWER-IX. Chapter 50: Landlord-
Tenant Law
Assignee - ANSWER-a party not in privity to a contract who is the recipient of
a transfers of rights to a contract
assignments require - ANSWER-no special wording or forms to be valid
when an assignor transfers rights to an assignee - ANSWER-the assignor legally
gives up all rights they had to collect on the contract
restrictions to assignments: - ANSWER-1. assignments covered by the statute
of frauds must be in writing
2. Assignee must agree to accept the assigned rights
3. in some situations contractual rights cannot be assigned
an assignee may decline an assignment if - ANSWER--he has not legally agreed
to it and
, -he declines in a timely fashion after learning about the assignment and its terms
(t or f) there is no protocol for rejecting an assignment - ANSWER-true
once an assignment is rejected, it is considered - ANSWER-rejected from the
time it was first offered
assignee should always give notice to the obligor as soon as possible after
receiving the assignment because - ANSWER-obligor may satisfy their
obligations by performing for the assignor until receiving notice of assignment
from assignee
Delegation - ANSWER-The transfer of a duty under a contract to a third party
Delegator - ANSWER-the party to a contract who transfers his or her duty to a
third party
Delegatee - ANSWER-the party not in privity to a contract who is the recipient
of a transfer of duty to a contract
After the delegation, although the delegatee is bound to perform, the
_______________ remains liable if the delegatee fails to perform. - ANSWER-
delegator
Third-Party Beneficiary - ANSWER-Created when two parties enter into a
contract with the purpose of benefiting a third party, called the intended
beneficiary.
The intended beneficiary need - ANSWER-not be named in the contract, as
long as the terms of the contract or events occurring after its creation make it
clear who he or she is.
