BLAW Test 5/ Final Practice

Quasi

A ________-contract is a contractlike obligation imposed on a party to prevent an injustice from occuring

Delegatee

A delegation occurs when a party to a contract transfers his or her duty to perform to a(n) ________.

Delegator, Delegatee

A delegation occurs when a(n) ________ transfers his or her duty to perform to a(n) ________.

Assignment

A(n) ______ occurs when a party to a contract transfers his or her rights to a third party.

Third-party beneficiary

A(n) ________ contract is created when two parties enter into a contract with the intended purpose of benefitting a third party.

Foreseeable

Consequential damages are ________ damages that result from special facts and circumstances arising outside the contract itself.

Conditional

Contracts containing conditions affecting the performance obligations of the parties in a contract are called ______ contracts.

One Year

Contracts whose performance, based on the terms of the contract, cannot possibly occur within ______ fall with the statue of frauds and therefore must be in writing.

Creditor

IF a promise in a contract is intended to release a party from an obligation to a third part, such as the paying of one's debt, the contract involves a(n) ____ beneficiary.

Creditor

If Juan agrees to pay Amanda's credit card debt, Amanda's credit card company is a(n) ______ to the beneficiary.

The contracting party's duty to perform does not arise

If a condition precedent does not occur when discharging a contract, _________.

Impossibility of Performance

If an unforseen event occurs that makes it physically or legally impossible for a party to carry out the terms of a contract, the parties will be discharged due to _______.

Nominal

If no actual damages resulted from a breach of contract, the court may award the plaintiff ______ damages.

Has tendered performance upon arrival at the house

If, consistent with his contractual duty, a painter shows up at a home with his paint and ladder and is ready to begin painting the garage, he ________.

Secondary

In an administrator or executor agrees to pay estate debts personally, he or she has assumes a(n) ______ obligation.

Discharged

In bankruptcy, once the bankrupt's assets have been distributed to his or her creditors, the bankrupt's debts are _______.

Concurrent

In the context of discharging a contract, ________ conditions occur when each party's performance is conditioned on the performance of the other.

Privity

Parties not in _______ of contract usually do not have rights to a contract.

Accord, Satisfaction

A(n) _____ and ______ is used when one of the parties wants to substitute a different performance for his original duty under the contract

Integrated

A(n) ______ contract is a written contract intended to be the complete and final representation of the parties' agreement.

Obligee

A(n) ______ is a party who agrees to receive something from the other party to the contract.

Injunction

A(n) ______ is an order either forcing a person to do something or prohibiting a person from doing something.

Obligor

Attorney Jack Highlander agrees to represent charity Vance in a divorce proceeding next month. In this specific context, Highlander is a(n) _______ under the contract.

Subsequent

John enters into an agreement to lease an apartment for 5 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.

Performance

Specific _______ is an order requiring the breaching party to fulfill the terms of an agreement.

Incedential

Suppose Jeremy was illegally terminated by his employer before his employment contract term was complete. If Jeremy has to spend money to find another job, such expenditures would be considered _______ damages.

Tolling

The ______ of the statute of limitations is the expiration of the time allowed by the statute.

Promisor

The _______ in a third-party beneficiary contract is the party to the contract who made the promise that benefits the third party.

Promisee

The _______ is the party to the contract who owes something to the promisor in exchange for the promise made to the third-party beneficiary.

Life

The most common form of a donee beneficiary contract is a(n) _____ insurance policy.

Mitigate

To recover damages in a breach-of-contract case, the plaintiff must demonstrate that he or she used reasonable efforts to _______ the damage resulting from the defendant's breach.

Frauds

Various exceptions to the statue of ____ include admission, partial performance, and promissory estoppel.

It discharges a nonbreaching party from his obligations under the contract.

What is the legal effect of a material breach of contract?

It may entitle a nonbreaching party to damages, but it does not discharge the nonbreaching party from the contract.

What is the legal effect of a minor breach of contract?

The contract is discharged

What is the legal effect of the death or incapacity of a party whose personal services are necessary to fulfill the terms of the contract?

antiassignment

When parties include a(n) ______ clause in their contract, the parties are attempting to limit their ability to assign their rights under the contract.

Delegator

With a delegation, the _____ transfers his or her duty to perform to a third party who is not part of the original contract.

Restitution

_____ is the return of any property given up under a contract.

Express

______ conditions are usually preceded by words such as conditioned on, if, provided that, or when

Punitive

_______ damages are designed to punish the defendant and deter him and others from engaging in similar behavior in the future.

Compensatory

_______ damages are designed to put a plaintiff in the position he would have been in had the contract been fully performed.

Complete

_______ performance occurs when every aspect of the parties' duties under a contract is carried out perfectly.

A minority of

___________ states have adopted the English rule regarding notice of assignment.