Discharge of Contracts

Description: This quiz covers the various methods by which a contract can be discharged, including performance, agreement, frustration, breach, and operation of law.
Number of Questions: 15
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Tags: contract law discharge of contracts
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Which of the following is NOT a method of discharging a contract?

  1. Performance

  2. Agreement

  3. Frustration

  4. Novation


Correct Option: D
Explanation:

Novation is not a method of discharging a contract, but rather a method of creating a new contract that replaces an existing one.

When a contract is discharged by performance, what must be done?

  1. All parties must perform their obligations under the contract.

  2. Only one party must perform their obligations under the contract.

  3. The parties must agree to terminate the contract.

  4. The court must order the contract to be discharged.


Correct Option: A
Explanation:

In order for a contract to be discharged by performance, all parties must fulfill their obligations as agreed upon in the contract.

What is the legal term for an agreement between parties to terminate a contract?

  1. Rescission

  2. Novation

  3. Frustration

  4. Breach


Correct Option: A
Explanation:

Rescission is the legal term for an agreement between parties to terminate a contract, restoring the parties to the positions they were in before the contract was entered into.

When a contract is discharged by frustration, what has occurred?

  1. An unforeseen event has made it impossible or impracticable to perform the contract.

  2. One party has breached the contract.

  3. The parties have agreed to terminate the contract.

  4. The court has ordered the contract to be discharged.


Correct Option: A
Explanation:

Frustration occurs when an unforeseen event makes it impossible or impracticable to perform the contract, such as a natural disaster or a change in law.

What is the legal term for a party's failure to fulfill their obligations under a contract?

  1. Performance

  2. Agreement

  3. Frustration

  4. Breach


Correct Option: D
Explanation:

Breach is the legal term for a party's failure to fulfill their obligations under a contract.

What is the legal term for the termination of a contract by operation of law?

  1. Rescission

  2. Novation

  3. Frustration

  4. Operation of Law


Correct Option: D
Explanation:

Operation of law is the legal term for the termination of a contract by operation of law, such as the death of a party or the bankruptcy of a company.

What is the legal term for the process of replacing an existing contract with a new contract?

  1. Rescission

  2. Novation

  3. Frustration

  4. Breach


Correct Option: B
Explanation:

Novation is the legal term for the process of replacing an existing contract with a new contract.

In the case of a breach of contract, what are the two main types of remedies?

  1. Compensatory damages and specific performance

  2. Rescission and injunction

  3. Restitution and reformation

  4. Novation and frustration


Correct Option: A
Explanation:

In the case of a breach of contract, the two main types of remedies are compensatory damages and specific performance.

What is the legal term for the payment of money to compensate for a loss suffered as a result of a breach of contract?

  1. Compensatory damages

  2. Specific performance

  3. Rescission

  4. Injunction


Correct Option: A
Explanation:

Compensatory damages are the legal term for the payment of money to compensate for a loss suffered as a result of a breach of contract.

What is the legal term for a court order requiring a party to perform their obligations under a contract?

  1. Compensatory damages

  2. Specific performance

  3. Rescission

  4. Injunction


Correct Option: B
Explanation:

Specific performance is the legal term for a court order requiring a party to perform their obligations under a contract.

What is the legal term for the cancellation of a contract and the restoration of the parties to the positions they were in before the contract was entered into?

  1. Compensatory damages

  2. Specific performance

  3. Rescission

  4. Injunction


Correct Option: C
Explanation:

Rescission is the legal term for the cancellation of a contract and the restoration of the parties to the positions they were in before the contract was entered into.

What is the legal term for a court order prohibiting a party from doing something?

  1. Compensatory damages

  2. Specific performance

  3. Rescission

  4. Injunction


Correct Option: D
Explanation:

Injunction is the legal term for a court order prohibiting a party from doing something.

What is the legal term for the return of property or money that was transferred under a contract that has been discharged?

  1. Restitution

  2. Reformation

  3. Novation

  4. Frustration


Correct Option: A
Explanation:

Restitution is the legal term for the return of property or money that was transferred under a contract that has been discharged.

What is the legal term for the process of correcting a mistake in a written contract?

  1. Restitution

  2. Reformation

  3. Novation

  4. Frustration


Correct Option: B
Explanation:

Reformation is the legal term for the process of correcting a mistake in a written contract.

What is the legal term for the process of replacing an existing contract with a new contract that is substantially different?

  1. Restitution

  2. Reformation

  3. Novation

  4. Frustration


Correct Option: C
Explanation:

Novation is the legal term for the process of replacing an existing contract with a new contract that is substantially different.

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