Question 1

If one party's performance on a contract is substantial, the other party's duty to perform need only comport with the level of the rendered performance.

Accepted Answer

Under contract law, if one party's performance is substantial but not complete, the other party is still generally required to perform their obligations under the contract, although they may be entitled to a deduction or damages for the incomplete portion of the performance. The duty to perform is not adjusted to match the level of performance rendered; it is determined by the terms of the contract and the extent of any breach.

Question 2

There is no difference between complete and substantial performance.

Accepted Answer

Complete performance refers to the full fulfillment of all terms and conditions of a contract, while substantial performance is when the main obligations of a contract are met but there may be minor deviations or unfulfilled aspects.

Question 3

A contract promise that is absolute must be performed, or the party who made the promise will be in breach.

Accepted Answer

An absolute promise in a contract is a firm commitment to perform a specified act or duty. If the party who made the promise fails to fulfill it, they are considered to be in breach of the contract.

Question 4

A breach of contract occurs when a party fails to perform part or all of the required duties under a contract.

Accepted Answer

A breach of contract indeed occurs when one party does not fulfill their obligations as specified in the contract, either partially or fully.

Question 5

Any breach discharges the breaching party from the contract.

Accepted Answer

Not every breach discharges the breaching party from their obligations under the contract. Only a material breach, which significantly affects the contract's value to the non-breaching party, may allow for discharge. Minor breaches typically do not discharge the breaching party from their contractual obligations.

Question 6

In most contracts, promises of performance are conditioned.

Accepted Answer

The answer of In most contracts, promises of performance are...

Question 7

If a condition to a lease for university housing that the tenant must be a student is not satisfied, the landlord's obligations under the lease are discharged.

Accepted Answer

If a lease for university housing includes a condition that the tenant must be a student, and this condition is not met, the landlord is typically not obligated to fulfill the lease agreement, as the condition is fundamental to the contract's purpose.

Question 8

Under a construction contract that requires a builder to meet certain specifications, complete performance is required to avoid material breach.

Accepted Answer

In a construction contract that mandates adherence to specific specifications, complete performance is essential to prevent a material breach, as partial or incomplete adherence to the contract terms can significantly affect the project's outcome and may not fulfill the contractual obligations.

Question 9

Tender is an unconditional offer to perform by a person who is ready, willing, and able to do so.

Accepted Answer

Tender is indeed an unconditional offer made by a person who is ready, willing, and able to perform the duties or obligations specified in a contract or agreement.

Question 10

Once performance has been tendered, the party making the tender has done everything possible to carry out the terms of the contract.

Accepted Answer

Tendering performance means that the party has offered to perform their obligations under the contract, indicating they have done everything within their power to fulfill the contract terms.

Question 11

A buyer who offers to pay for goods has tendered payment but cannot yet demand delivery.

Accepted Answer

The answer of A buyer who offers to pay for...

Question 12

A seller who places goods at the disposal of a buyer has tendered delivery but cannot yet demand payment.

Accepted Answer

Tendering delivery means the seller has fulfilled their obligation to make the goods available to the buyer, and at this point, the seller can indeed demand payment according to the terms of the contract.

Question 13

A contract is substantially performed when one party receives most of the benefits promised in the deal.

Accepted Answer

Substantial performance occurs when one party has fulfilled enough of their contractual obligations that the other party has received the main benefits promised in the contract, even if some minor details or elements may not have been completed exactly as specified.

Question 14

Whether performance under a contract is substantial is decided on a case-by-case basis, examining all of the facts of the particular situation.

Accepted Answer

The determination of whether performance under a contract is substantial is indeed decided on a case-by-case basis, as it requires examining all the facts and circumstances of the particular situation to assess if the essential obligations have been met.

Question 15

The most common way to terminate contractual duties is by repudiation.

Accepted Answer

The most common way to terminate contractual duties is by performance, where both parties fulfill their obligations as agreed in the contract.

Question 16

When a party's performance is perfect, it is complete.

Accepted Answer

When a party's performance is perfect, it means they have fulfilled their obligations exactly as agreed upon in the contract, thus their performance is considered complete.

Question 17

If a contract condition is not satisfied, the obligations of the parties are not discharged.

Accepted Answer

If a contract condition is not satisfied, it typically means that the obligations of the parties under the contract are discharged, as the fulfillment of conditions is often a prerequisite for the parties' obligations to proceed.

Question 18

There is only one way to discharge a contract-all parties must fulfill their contractual duties.

Accepted Answer

Contracts can be discharged in several ways including performance, agreement, frustration, breach, and operation of law, not just by fulfilling contractual duties.

Question 19

If performance of a contract is not substantial, there is a material breach, which excuses the nonbreaching party from performance.

Accepted Answer

A material breach occurs when the performance of a contract is not substantial, thereby excusing the nonbreaching party from further performance under the contract.

Question 20

To provide a point at which contracting parties can know that their duties have ended, the duty to perform a contract is always absolute.

Accepted Answer

The duty to perform a contract is not always absolute; there are circumstances such as impossibility, impracticability, waiver, or modification of the contract that can alter or end a party's obligations.

Quiz 18: Performance and Dischapterarge