LENB Discharge and remedies (Questions and answers) LATEST UPDATE
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LENB Discharge and remedies
Institution
LENB Discharge And Remedies
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. -
️️subsequent
If a homeowner enters...
LENB Discharge and remedies
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. -
✔️✔️subsequent
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. - ✔️✔️implied
Contractual conditions may be either ______ by law or ______ inserted into a contract
by the parties in the contract. - ✔️✔️implied; expressly
When a party's obligations under a contract are terminated they are said to be _______.
- ✔️✔️discharged
A condition ______ is a particular event that must occur for a party's duty to arise. -
✔️✔️precedent
In the context of discharging a contract, a condition ______ is a future event that
terminates the obligations of the parties when it occurs. - ✔️✔️subsequent
When each party's performance is conditioned on the performance of the other, the
conditions are ______. - ✔️✔️concurrent
In the context of discharging a contract, ______ conditions are explicitly stated in the
contract. - ✔️✔️express
Contracts containing conditions affecting the performance obligations of the parties in a
contract are called ______ contracts. - ✔️✔️Conditional
If a condition precedent does not occur when discharging a contract, ______. -
✔️✔️the contracting party's duty to perform does not arise
In the context of discharging a contract, ______ conditions occur when each party's
performance is conditioned on the performance of the other. - ✔️✔️concurrent
______ conditions are usually preceded by words such as conditioned on, if, provided
that, or when. - ✔️✔️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. -
✔️✔️implied
A(n) ________ is a promise that parties are legally required to perform under a contract.
- ✔️✔️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 ______. -
✔️✔️performance
______ performance occurs when every aspect of the parties' duties under a contract is
carried out perfectly. - ✔️✔️Complete
Which of the following is not a required element for substantial performance? -
✔️✔️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? - ✔️✔️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 ______. -
✔️✔️tender
In the context of the discharge of contracts, which of the following is required for
complete performance? - ✔️✔️perfect performance
Which of the following is an incorrect statement regarding performance subject to the
satisfaction of a contracting party? - ✔️✔️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. - ✔️✔️substantial
What is the legal effect of a minor breach of contract? - ✔️✔️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? - ✔️✔️Contractual satisfaction is
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