All flashcards

113 cards

1What is a condition?
2What is an express condition?
3What is a constructive condition?
4What is a condition precedent in a contract?
5Must a condition always occur before a party is obligated to perform?
6A five-year lease of premises gave the lessee the option of renewing the lease for a further period of five years “on condition that the lessee del...
7What is the difference between a pure condition and a promissory condition?
8On Friday, a buyer and a seller entered into a written contract for the sale of the seller’s used truck to the buyer for $30,000. The contract stat...
9If a contract does not state expressly that the performance of one party’s promise is a condition precedent to the other party’s performance, when ...
10Under what circumstance will a court imply a promise to take action to facilitate the fulfillment of a pure condition?
11What is a satisfaction clause?
12An architect and a hotel entered into a contract under which the architect agreed to produce a plan for the redesign and modernization of the hotel...
13What is the difference between a contract term that sets forth a condition of payment and a contract term that identifies an event as fixing the ti...
14What is the duty of good faith and fair dealing?
15What does it mean for a party to excuse the nonoccurrence of a condition?
16Under what circumstances will waiver excuse the nonoccurrence of a condition?
17An insurance policy provided that the insurer would compensate for loss only on the condition that the insured give the company notice of loss with...
18A contract for the sale of farmland was subject to the condition that the buyer would be able to have the property rezoned for residential subdivis...
19Under what circumstances will estoppel excuse the nonoccurrence of a condition?
20If a party waives a condition that does not concern a material right under a contract, does the waiver need to be supported by consideration from t...
21A buyer bought a car on credit from a dealer. The parties entered into a credit contract under which the buyer agreed to pay for the car in monthly...
22May a party who has waived the nonoccurrence of a condition change his mind, and make his performance of a contractual obligation conditional on th...
23May a party reinstate a condition when its nonoccurrence has been excused by estoppel?
24What is the disproportionate forfeiture doctrine?
25May a court excuse the nonoccurrence of a condition, when requiring the contractual condition to occur would result in a disproportionate forfeiture?
26What factors does a court consider in evaluating whether a relying party would be disproportionately harmed if a court required a condition to occu...
27A homeowner contracted with a painter to paint the interior of her home. The contract called for a four-week job, in which the homeowner would pay ...
28Does a court have equitable discretion to excuse an express condition in a contract?
29May a party’s breach of his duty of good faith and fair dealing excuse the nonoccurrence of a condition?
30The sale of a house was conditional on the buyer being able to obtain a mortgage. The buyer promised to make reasonable, good faith efforts to obta...
31A contract for the remodeling of a bathroom provided that the owner’s payment for the work was conditional on the owner’s architect certifying that...
32A homeowner entered into a contract with a builder for the remodeling of the homeowner’s kitchen. The contract provided that the homeowner would pa...
33Under what circumstances will impracticability excuse the nonoccurrence of a condition?
34What happens to a contractual duty when it is fully performed?
35What is a total breach of contract?
36May a party to a contract sue for a remedy when the other party has rendered part performance and not committed a total breach?
37What is a material breach of contract?
38What are the five main criteria for determining whether a breach of contract is material?
39If one party to a contract has materially breached the agreement, are the outstanding performance obligations of the nonbreaching party excused?
40Is mere substantial performance of a contract (as opposed to complete performance) a breach of the contract?
41A builder built a concrete driveway leading to the owner’s house. The driveway was well constructed, but because the builder had made incorrect mea...
42What is an anticipatory repudiation?
43What is the difference between a breach of contract and a repudiation of a contract?
44May a party retract her anticipatory repudiation of a contract?
45When must a party retract her anticipatory repudiation of a contract for her retraction to be effective?
46On October 20, a buyer and a seller entered into a contract for the sale of a used car for $15,000. The contract required the seller to deliver the...
47A builder entered into a contract with an owner for the construction of a patio at the back of the owner’s house. The owner needed to have the pati...
48Under what circumstances may a party to a contract request adequate assurance?
49In a sale of goods, what is the perfect tender rule?
50Must a contract state that the parties have the obligation to perform fairly and in good faith in order to create an obligation of good faith and f...
51Under the Uniform Commercial Code (UCC), can the parties to a contract for the sale of goods agree to disclaim or waive the implied obligation of g...
52In a contract for the sale of goods governed by the Uniform Commercial Code (UCC), what is the definition of good faith?
53In a contract not covered by the Uniform Commercial Code (UCC), what is the definition of good faith?
54The owner of a shopping mall contracted with a security firm to provide security guards at the mall. The contract was for a two-year term at a stat...
55Does a party to a contract violate the duty of good faith and fair dealing by asserting a right expressly granted under the contract, if enforcemen...
56An airline entered into a contract with a cleaner to clean the interior of the airline’s planes between flights at an airport. The contract was for...
57An employer fired a satisfactory at-will employee simply because the employee supported the rival of the employer’s favorite basketball team.Did th...
58If a contract for the sale of goods does not expressly state that the seller owns and has the legal right to sell the goods, does the seller still ...
59In a contract for the sale of goods, what is an express warranty?
60If a seller of goods describes the goods being sold, and the description is part of the basis for the buyer’s decision to buy the goods, is the sel...
61A seller bought a used car three years ago and decided to resell it. The seller advertised the car for sale as a 2010 Toyota. The seller believed t...
62What is the meaning and legal effect of the term “as is” in a contract for the sale of goods?
63In a contract for the sale of goods, what is an implied warranty of merchantability?
64A homeowner sold a used television at a garage sale without saying anything about its quality.Did the homeowner impliedly warrant that the televisi...
65A buyer bought a toy castle from a seller of toy castles. The castle was designed for toddlers, and the buyer bought it for his three-year-old chil...
66How may a merchant’s contract for the sale of goods disclaim the implied warranty of merchantability?
67A contract for the sale of goods between a merchant and a buyer contained a conspicuous provision, written in large boldface letters, stating: “The...
68May a merchant disclaim the implied warranty of merchantability by permitting the buyer to inspect the goods?
69In a contract for the sale of goods, what is an implied warranty of fitness for a particular purpose?
70A buyer went shopping for a camera. The buyer told the camera seller that she was about to go on trip to Antarctica and needed a camera that would ...
71How may a contract for the sale of goods disclaim the implied warranty of fitness for a particular purpose?
72May a seller disclaim the implied warranty of fitness for a particular purpose by permitting the buyer to inspect the goods?
73In a contract for the sale of goods, how does a buyer show his acceptance?
74What options does a buyer have upon a seller’s delivery of goods that do not conform to the contract’s terms?
75Under a contract for the sale of goods, what two things must a buyer do to effectively reject a delivery of nonconforming goods?
76What duty does a buyer have with respect to nonconforming goods he has rejected?
77In a sale of goods, may a seller cure a delivery of nonconforming goods by delivering the correct goods to the buyer before the contract’s delivery...
78A gallery sold a painting to an art collector. Soon after hanging the painting, the collector noticed blemishes on its surface. The collector retur...
79May a buyer of goods revoke his acceptance?
80In a contract for the sale of goods, what is identification?
81Two parties entered into a contract to sell corn before the corn was planted.Assuming the contract is silent about identification, when does the co...
82In a contract for the sale of goods delivered by carrier, when does the risk of loss pass to the buyer if no destination is specified?
83A contract for the sale of goods provided that the seller must deliver the goods to an independent carrier for delivery to the buyer. The seller de...
84In a contract for the sale of goods held by a bailee and delivered to a buyer without being moved, when does the risk of loss pass to a buyer?
85In a contract for the sale of goods not delivered via carrier or held by a bailee, when does the risk of loss pass to a buyer when the seller is a ...
86A buyer purchased a bike from a bike shop in the morning to pick up in the evening. The bike was stolen from the bike shop that afternoon, before t...
87In a contract for the sale of goods, which party bears the risk of loss of goods in the event of any breach?
88A seller delivered a large gas barbecue grill to a buyer. The buyer noticed that some crucial parts were missing. The buyer immediately notified th...
89What is an installment contract?
90May a buyer always cancel an installment contract after delivery of a single nonconforming installment?
91Under what circumstances is performance of a contract impossible?
92Under what circumstances is performance of a contract impracticable?
93To successfully establish the defense of impracticability, must a party show that its contractual duties have become objectively impossible to perf...
94May a buyer of goods excuse its obligation to buy the goods on grounds of impracticability?
95An actor contracted with a studio to make a movie. When the filming of the movie was nearly complete, the actor drove his car at excessive speed an...
96In January, a farmer contracted to sell 5,000 bushels of corn to a buyer. Although the farmer had planted corn on her land, the contract did not sp...
97If a court finds that performance under a contract has become impracticable, is that performance excused?
98A buyer and a seller entered into a contract for the sale of goods. Under the contract, the seller was to deliver the goods to the buyer by truck n...
99What is frustration of purpose?
100What is the difference between the contractual defenses of impracticability and frustration of purpose?
101A company booked a large number of meeting facilities at a resort for a conference. The resort knew that the booking was for a conference, but it d...
102What is an accord and satisfaction?
103What is a substituted contract?
104How does a substituted contract differ from an accord and satisfaction?
105A debtor owed $15,000 to a creditor but was having trouble paying the money. The debtor talked to the creditor, and the creditor agreed to accept t...
106A debtor owed a creditor $500, due on Friday. On Wednesday, the debtor went to the creditor’s office and put $450 in cash on the creditor’s desk. T...
107What is a novation?
108A debtor owed $5,000 to a creditor and was having trouble paying the debt. The debtor’s cousin told the creditor that if the creditor released the ...
109What is a rescission?
110May parties to an unperformed contract validly agree to rescind the contract without either party giving anything new to the other?
111What is a release?
112Is a creditor bound by an agreement to reduce a debtor’s undisputed debt?
113Can a party who has been injured by a breach of contract effectively renounce a claim for damages without receiving consideration?

What is a condition?

Keyboard shortcuts:
Previous
Space
Flip
Next