Question 1

What is the key difference between an express and an implied condition?
A) There are no differences; express and implied conditions are the same.
B) Express conditions are clearly stated while implied conditions are inferred.
C) Implied conditions are clearly stated while express conditions are inferred.
D) Only implied conditions are enforceable.
E) Only express conditions are enforceable.

Accepted Answer

Express conditions are explicitly stated in a contract, agreement, or any legal document, whereas implied conditions are not stated directly but are understood to be part of the agreement based on the nature of the transaction, conduct of the parties, or the circumstances of the case.

Question 2

Carrie and Peter enter into a contract in which Carrie agrees to wash Peter's car once a week as long as Peter tutors Carrie's son in math and Peter never comes home with a grade below B+. This is an example of which type of conditional contract?
A) Condition Precedent
B) Condition Subsequent
C) Condition Concurrent
D) Implied Condition
E) The contract is not conditional.

Accepted Answer

This is an example of a Condition Subsequent because the obligation to continue washing Peter's car is dependent on a future event occurring, which is Peter's son never coming home with a grade below B+. If this condition is not met, Carrie's obligation to wash the car may cease.

Question 3

Conditions that are not explicitly stated, but are inferred from the nature and language of the contract, are known as ________ conditions.
A) Express
B) Implied
C) Conditional
D) Concurrent
E) At large

Accepted Answer

Implied conditions are those that are not directly stated in the contract but are understood to exist based on the nature of the agreement and the context in which it is made. These conditions are assumed to be intended by the parties and are derived from the essence of the contract itself.

Question 4

When all aspects of the parties' duties under the contract are executed perfectly, which of the following occurs?
A) Complete performance
B) Substantial performance
C) Significant performance
D) Absolute performance
E) Approved performance

Accepted Answer

Complete performance occurs when all aspects of the parties' duties under the contract are executed perfectly, fulfilling all contractual obligations as agreed.

Question 5

Yolef and Stacia enter into a contract for Stacia to cook a meal for Yolef and Yolef to pay Stacia $50. Yolef shows up at Stacia's house with $100. Yolef's actions are an example of ________.
A) Tender.
B) Performance.
C) Complete performance.
D) Incomplete performance.
E) Implied performance.

Accepted Answer

Tender refers to an offer to perform an obligation, such as paying a sum of money, under a contract. In this scenario, Yolef showing up with $100, which is more than the agreed amount, is an offer to fulfill his part of the contract, thus constituting a tender.

Question 6

Paula puts a clause in her contract with Raul that says if he fails to pay rent in the future, he must move out of her apartment immediately. This is an example of a condition ________.
A) precedent
B) subsequent
C) concurrent
D) enhancer
E) expressed

Accepted Answer

This is an example of a condition subsequent because it specifies an action (Raul moving out) that must occur if a specific event (failure to pay rent) happens after the contract has been executed. Conditions subsequent are terms in a contract that require a party to perform a certain action or face consequences if a specific event occurs in the future.

Question 7

An offer of performance is known as ________ when parties offer to perform and are ready, willing, and able to perform.
A) Offering
B) Showing
C) Tender
D) Completer
E) Implied acceptance

Accepted Answer

A tender is when parties offer to perform their obligations under a contract and are ready, willing, and able to do so. This is a legal concept indicating the willingness to fulfill contractual obligations.

Question 8

How do parties generally discharge their obligations in most situations where there is a contract?
A) Discharge by performance
B) Discharge by tender
C) Discharge by finishing
D) Discharge by absolution
E) Discharge by reason

Accepted Answer

Discharge by performance is the most common way parties fulfill their obligations under a contract, meaning they do what they agreed to do in the contract.

Question 9

Yolef and Stacia enter into a contract for Stacia to cook a meal for Yolef and Yolef to pay Stacia $50. Yolef shows up at Stacia's house with $100 and hands it to Stacia. Stacia refuses to accept the money. Yolef has:
A) Discharged his duties under the contract.
B) Performed subject to satisfaction of a contracting party.
C) Substantially performed his duties.
D) Breached the contract.
E) Not yet performed his duties under the contract.

Accepted Answer

Yolef has discharged his duties under the contract by attempting to pay the agreed amount, even offering more than what was agreed upon. The refusal of payment by Stacia does not change Yolef's fulfillment of his contractual obligation to pay.

Question 10

When each party's performance is conditioned on the performance of the other, which of the following conditions occur?
A) Precedent
B) Subsequent
C) Concurrent
D) At large
E) Certain

Accepted Answer

Concurrent conditions occur when each party's performance is conditioned on the performance of the other, meaning both parties must perform their obligations at the same time.

Question 11

Laura explicitly states in her contract that she will sing every day of the week, except for holidays, for the local opera provided that she is paid weekly. This type of a condition is known as a(n) ________ condition in the contract?
A) precedent
B) conditional
C) concurrent
D) express
E) implied

Accepted Answer

Laura's condition is directly stated in the contract, making it an express condition. Express conditions are explicitly stated terms that must be met within a contract.

Question 12

Alexandra and Tomas enter into a contract in which Tomas agrees to install a new door for Alexandra and to install a new silver doorknob. Tomas installs the door, but silver doorknobs are out of stock so he finds a chrome knob that he believes looks silver and he installs it. Which of the following describes Tomas' performance of his duties?
A) Complete performance
B) Substantial performance
C) Significant performance
D) Absolute performance
E) Approved performance

Accepted Answer

Tomas has substantially performed his duties under the contract by installing the door and a doorknob that closely resembles what was agreed upon, even though the doorknob was not exactly as specified (silver). This is considered substantial performance because the main purpose of the contract was fulfilled, with only a minor deviation from the agreed terms.

Question 13

Carrie and Peter enter into a contract in which Carrie agrees to wash Peter's car as long as Peter tutors Carrie's son in math during the entire time Carrie is washing the car. This is an example of which type of conditional contract?
A) Condition precedent
B) Condition subsequent
C) Condition concurrent
D) Implied condition
E) The contract is not conditional.

Accepted Answer

This is an example of a condition concurrent because the obligations of both parties (Carrie washing the car and Peter tutoring Carrie's son) must occur simultaneously for the contract to be fulfilled. Each party's performance is contingent upon the other's simultaneous performance.

Question 14

Carrie and Peter enter into a contract in which Carrie agrees to wash Peter's car if Peter tutors her son in math and her son gets at least a B+. This is an example of which type of conditional contract?
A) Condition Precedent
B) Condition Subsequent
C) Condition Concurrent
D) Implied condition
E) The contract is not conditional.

Accepted Answer

This is an example of a Condition Precedent because the obligation to perform (Carrie washing Peter's car) is dependent on a specific event occurring first (Peter tutoring Carrie's son in math and the son receiving at least a B+).

Question 15

Nelda receives a contract for a job at a law firm on the condition that she passes the bar exam. This is known as a condition ________.
A) precedent
B) subsequent
C) concurrent
D) nominal
E) certain

Accepted Answer

A condition precedent is a condition that must be met before a contract becomes effective or before an obligation is enforced. In this case, passing the bar exam is a condition that must be fulfilled before Nelda's job contract at the law firm becomes effective.

Question 16

What is the difference between performance and tender?
A) There is no difference.
B) Performance involves fulfilling contractual obligations, while tender involves offering performance.
C) Tender is required when there is a conditional contract, while performance is required for all other contracts.
D) Performance is required when there is a conditional contract, while tender is required for all other contracts.
E) Tender is substantial performance, while performance refers only to complete performance.

Accepted Answer

Performance refers to the actual completion of one's duties under a contract, whereas tender is the act of offering to perform those duties, often before actually completing them.

Question 17

Juan and Carlos enter into a contract which states: "Carlos will paint Juan's bedroom in Juan's house white and Juan promises to pay Carlos $100 upon completion." Which of the following is an example of an implied condition?
A) That Carlos will paint Juan's bedroom.
B) That Carlos will use white paint when painting Juan's bedroom.
C) That Juan will pay Carlos $100.
D) That Juan will pay Carlos upon completion of the painting.
E) That Juan will allow Carlos access to his bedroom

Accepted Answer

The condition that Juan will allow Carlos access to his bedroom is implied because, for Carlos to fulfill his obligation to paint Juan's bedroom, he must be able to access it. This condition is not explicitly stated in the contract but is necessary for the contract's execution.

Question 18

Which of the following are the two primary kinds of performance?
A) Partial and significant
B) Partial and complete
C) Partial and substantial
D) Complete and substantial
E) Complete and significant

Accepted Answer

The answer of Which of the following are the two...

Question 19

An offer for the sale of a vehicle contained the condition that the buyer must return the signed offer with a $1,000 deposit upon acceptance. The requirement to send $1,000 is an example of what type of condition?
A) Express
B) Implied
C) Conditional
D) Concurrent
E) At large

Accepted Answer

The requirement for the buyer to return the signed offer with a $1,000 deposit upon acceptance is explicitly stated in the offer, making it an express condition. Express conditions are clearly stated and agreed upon by the parties involved.

Question 20

Waynette contracts with Tammy to tutor her for $25 an hour in legal studies. Tammy tutors Waynette and Tammy pays her $25 at the end of the hour. This is known as a ________.
A) discharge by performance
B) performance by agreement
C) performance by condition
D) discharge by agreement
E) contractual capability

Accepted Answer

This scenario is an example of "discharge by performance," where both parties fulfill their obligations under the contract. Tammy tutors Waynette as agreed, and Waynette pays Tammy the agreed amount, thus completing their contractual obligations.

Quiz 20: Discharge and Remedies

What is the key difference between an express and an implied condition?

Carrie and Peter enter into a contract in which Carrie agrees to wash Peter's car once a week as long as Peter tutors Carrie's son in math and Peter never comes home with a grade below B+. This is an example of which type of conditional contract?

Conditions that are not explicitly stated, but are inferred from the nature and language of the contract, are known as ________ conditions.

When all aspects of the parties' duties under the contract are executed perfectly, which of the following occurs?

Yolef and Stacia enter into a contract for Stacia to cook a meal for Yolef and Yolef to pay Stacia $50. Yolef shows up at Stacia's house with $100. Yolef's actions are an example of ________.

Paula puts a clause in her contract with Raul that says if he fails to pay rent in the future, he must move out of her apartment immediately. This is an example of a condition ________.

An offer of performance is known as ________ when parties offer to perform and are ready, willing, and able to perform.

How do parties generally discharge their obligations in most situations where there is a contract?

Yolef and Stacia enter into a contract for Stacia to cook a meal for Yolef and Yolef to pay Stacia $50. Yolef shows up at Stacia's house with $100 and hands it to Stacia. Stacia refuses to accept the money. Yolef has:

When each party's performance is conditioned on the performance of the other, which of the following conditions occur?

Laura explicitly states in her contract that she will sing every day of the week, except for holidays, for the local opera provided that she is paid weekly. This type of a condition is known as a(n) ________ condition in the contract?

Carrie and Peter enter into a contract in which Carrie agrees to wash Peter's car as long as Peter tutors Carrie's son in math during the entire time Carrie is washing the car. This is an example of which type of conditional contract?

Carrie and Peter enter into a contract in which Carrie agrees to wash Peter's car if Peter tutors her son in math and her son gets at least a B+. This is an example of which type of conditional contract?

Nelda receives a contract for a job at a law firm on the condition that she passes the bar exam. This is known as a condition ________.

What is the difference between performance and tender?

Juan and Carlos enter into a contract which states: "Carlos will paint Juan's bedroom in Juan's house white and Juan promises to pay Carlos $100 upon completion." Which of the following is an example of an implied condition?

Which of the following are the two primary kinds of performance?

An offer for the sale of a vehicle contained the condition that the buyer must return the signed offer with a $1,000 deposit upon acceptance. The requirement to send $1,000 is an example of what type of condition?

Waynette contracts with Tammy to tutor her for $25 an hour in legal studies. Tammy tutors Waynette and Tammy pays her $25 at the end of the hour. This is known as a ________.