Question 1

Which of the following is LEAST likely to be classified as a breach of contract?

Accepted Answer

While a failure to exercise reasonable care may result in a breach of contract, it is less likely to be classified as a breach compared to the other options. A delay where time is of the essence, a failure to comply with a term, or an announcement of non-performance are all clear violations of the contract terms.

Question 2

If one party indicates that they will not be performing their part of the contract prior to the time for performance,the innocent party must wait until the due date before they can sue for breach.

Accepted Answer

If one party indicates that they will not be performing their part of the contract prior to the time for performance, the innocent party does not have to wait until the due date before they can sue for anticipatory breach. They can sue immediately for breach of contract.

Question 3

If a party promises to perform services,but fails to perform them in the time set forth by the contract,the party has committed a(n);

Accepted Answer

An actual breach occurs when a party fails to perform their obligations by the time specified in the contract.

Question 4

A total breach makes a contract void ab initio.

Accepted Answer

A total breach does not make a contract void ab initio; it means one party has failed to perform their obligations, allowing the other party to seek remedies. Void ab initio means the contract was never valid from the start.

Question 5

Provide some case law examples that illustrate how the doctrine of frustration has evolved over the years.

Accepted Answer

The answer of Provide some case law examples that illustrate...

Quiz 14: Rights and Liabilities of the Parties,discharge and Remedies

Which of the following is LEAST likely to be classified as a breach of contract?

If one party indicates that they will not be performing their part of the contract prior to the time for performance,the innocent party must wait until the due date before they can sue for breach.

If a party promises to perform services,but fails to perform them in the time set forth by the contract,the party has committed a(n) ;

A total breach makes a contract void ab initio.

Provide some case law examples that illustrate how the doctrine of frustration has evolved over the years.