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LENB Discharge and Remedies Exam
Questions And Answers
When a party's obligations under a contract are terminated they are said to be _______. -
Answers✔discharged
Contractual conditions may be either ______ by law or ______ inserted into a contract by the
parties in the contract. - Answers✔implied; expressly
A condition ______ is a particular event that must occur for a party's duty to arise. -
Answers✔precedent
In the context of discharging a contract, a condition ______ is a future event that terminates
the obligations of the parties when it occurs. - Answers✔subsequent
When each party's performance is conditioned on the performance of the other, the conditions
are ______. - Answers✔concurrent
In the context of discharging a contract, ______ conditions are explicitly stated in the contract. -
Answers✔express
Contracts containing conditions affecting the performance obligations of the parties in a
contract are called ______ contracts. - Answers✔Conditional
If a condition precedent does not occur when discharging a contract, ______. - Answers✔the
contracting party's duty to perform does not arise
John enters into an agreement to lease an apartment for five years, conditioned on him not
being called to active duty in the National Guard. If he is called to serve, this is a condition
______, and his obligation to be bound by the lease is discharged. - Answers✔subsequent
In the context of discharging a contract, ______ conditions occur when each party's
performance is conditioned on the performance of the other. - Answers✔concurrent
______ conditions are usually preceded by words such as conditioned on, if, provided that, or
when. - Answers✔Express
In the context of discharging a contract, ______ conditions are those that are not explicitly
stated but are inferred from the nature and language of the contract. - Answers✔implied
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If a homeowner enters into a contract with a builder to replace the windows in his house, there
is a(n) ______ condition that the builder will be allowed to enter the house to complete the
window removal and installation. - Answers✔implied
A(n) ________ is a promise that parties are legally required to perform under a contract. -
Answers✔covenant
Contracted parties discharge their obligations by doing what they respectively agreed to do
under the terms of an agreement; this is called discharge by ______. - Answers✔performance
If, consistent with his contractual duty, a painter shows up at a home with his paint and ladder
and is ready to begin painting the garage, he _____. - Answers✔has tendered performance
upon arrival at the house
______ performance occurs when every aspect of the parties' duties under a contract is carried
out perfectly. - Answers✔Complete
Which of the following is not a required element for substantial performance? - Answers✔parol
evidence justifying substantial performance instead of complete performance
Which of the following is the most common situation resulting in the discharge of a contract? -
Answers✔performance
Parties can discharge their contractual duty by making an offer to perform and being ready,
willing, and able to perform. This offer of performance is known as ______. - Answers✔tender
In the context of the discharge of contracts, which of the following is required for complete
performance? - Answers✔perfect performance
Which of the following is an incorrect statement regarding performance subject to the
satisfaction of a contracting party? - Answers✔When a judgment involved is a matter of
personal taste, courts apply an objective satisfaction standard.
In the context of the discharge of contracts, ______ performance occurs when nearly all the
terms of an agreement have been met, there has been an honest effort to complete all of the
terms, and there has been no willful departure from the terms of the agreement. -
Answers✔substantial
What is the legal effect of a minor breach of contract? - Answers✔It may entitle a nonbreaching
party to damages, but it does not discharge the nonbreaching party from the contract.
Which of the following is an incorrect statement when the performance of a contract is subject
to the satisfaction of a contracting party? - Answers✔Contractual satisfaction is considered an
implied condition that must be met before the other party's obligation to pay for the
performance arises.
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