Performance and discharge

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A condition can trigger the performance of a legal obligation

True

A condition precedent must be met before a party's performance can be required.

True

A party can treat a contract as discharged if the other party materially alters its quantity without consent

True

A promise to perform subject to obtaining financing is a condition precedent

True

After a contract is made, a supervening event may make performance impossible and discharge the contract.

True

Complete performance occurs when a contract's conditions fully occur

True

Complete performance occurs when conditions in a contract are fully satisfied.

True

If a contract does not require a certain time for performance, a reasonable time will be implied

True

Objective impossibility discharges a contract

True

Performance that provides a party with most of the benefits of a contract, in spite of a deviation from the terms, is substantial performance.

True

Building Restoration, Inc. (BRI), enters into a contract to refurbish an old train depot for Casual Dining, Inc., to open as Eat Up Restaurant. If BRI completes most of the work promised in the contract, its performance will be

substantial

A party normally satisfies its duties under a contract by novation.

False

An executory contract cannot be rescinded

False

An intention variation from a contract prevents substantial performance.

False

Any breach allows the nonbreaching party to cancel the contract.

False

Anything less than complete performance is a material breach of contract.

False

If, before either party to a contract has a duty to perform, one party refuses to do so, there is nothing the other party can do

False

There is no limit to the time that a party can file a suit against another based on a breach of contract

False

A material breach of contract does not excuse the nonbreaching party from further performance

False

Super Toolmakers, Inc., contracts to sell its business to True Hardware Corporation. Before either party has performed, rescission of this contract requires

a mutual agreement to rescind.

Mona and Nero want to discharge their contract by executing and performing a new agreement. They can best accomplish this by

accord and satisfaction.

City Restoration Corporation substantially performs its contract with Downtown Apartments, Inc. Downtown is entitled to

damages


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