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Impossibility of Performance

Description: Impossibility of Performance Quiz
Number of Questions: 15
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Tags: contract law impossibility of performance
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Which of the following is NOT a defense to impossibility of performance?

  1. Frustration of purpose

  2. Impracticability

  3. Subjective impossibility

  4. Objective impossibility

Show answer
Correct Option: C
Explanation:

Subjective impossibility is not a defense to impossibility of performance because it is a matter of the promisor's own inability to perform, rather than an objective impossibility.

Which of the following is an example of objective impossibility?

  1. A promisor promises to deliver a specific painting that was destroyed in a fire before the contract was entered into.

  2. A promisor promises to deliver a certain quantity of wheat, but the crop fails due to a drought.

  3. A promisor promises to build a house on a plot of land, but the land is later condemned by the government.

  4. A promisor promises to deliver a certain quantity of goods, but the goods are lost in transit.

Show answer
Correct Option: A
Explanation:

Objective impossibility is an impossibility that is not caused by the promisor's own inability to perform. In this case, the painting was destroyed before the contract was entered into, making it objectively impossible for the promisor to deliver it.

Which of the following is an example of subjective impossibility?

  1. A promisor promises to deliver a certain quantity of wheat, but the crop fails due to a drought.

  2. A promisor promises to build a house on a plot of land, but the land is later condemned by the government.

  3. A promisor promises to deliver a certain quantity of goods, but the goods are lost in transit.

  4. A promisor promises to paint a portrait of a person, but the person dies before the portrait is completed.

Show answer
Correct Option: D
Explanation:

Subjective impossibility is an impossibility that is caused by the promisor's own inability to perform. In this case, the promisor is unable to complete the portrait because the person died before it was completed.

What is the effect of impossibility of performance on a contract?

  1. The contract is void from the beginning.

  2. The contract is voidable by the promisor.

  3. The contract is unenforceable.

  4. The contract is discharged.

Show answer
Correct Option: D
Explanation:

Impossibility of performance discharges a contract, meaning that the parties are no longer obligated to perform their respective obligations.

What are the remedies for impossibility of performance?

  1. Rescission

  2. Damages

  3. Specific performance

  4. Injunction

Show answer
Correct Option: A
Explanation:

The primary remedy for impossibility of performance is rescission, which is the cancellation of the contract and the restoration of the parties to their pre-contract positions.

When is frustration of purpose a defense to impossibility of performance?

  1. When the purpose of the contract is frustrated by an event that was not foreseeable at the time the contract was entered into.

  2. When the purpose of the contract is frustrated by an event that was foreseeable at the time the contract was entered into.

  3. When the purpose of the contract is frustrated by an event that was caused by the promisor.

  4. When the purpose of the contract is frustrated by an event that was caused by the promisee.

Show answer
Correct Option: A
Explanation:

Frustration of purpose is a defense to impossibility of performance when the purpose of the contract is frustrated by an event that was not foreseeable at the time the contract was entered into.

What is the difference between impossibility of performance and impracticability?

  1. Impossibility of performance is a complete defense to a breach of contract claim, while impracticability is not.

  2. Impossibility of performance is caused by an event that is beyond the promisor's control, while impracticability is caused by an event that is within the promisor's control.

  3. Impossibility of performance discharges a contract, while impracticability does not.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

Impossibility of performance is a complete defense to a breach of contract claim, while impracticability is not. Impossibility of performance is caused by an event that is beyond the promisor's control, while impracticability is caused by an event that is within the promisor's control. Impossibility of performance discharges a contract, while impracticability does not.

Which of the following is an example of impracticability?

  1. A promisor promises to deliver a certain quantity of wheat, but the crop fails due to a drought.

  2. A promisor promises to build a house on a plot of land, but the land is later condemned by the government.

  3. A promisor promises to deliver a certain quantity of goods, but the goods are lost in transit.

  4. A promisor promises to paint a portrait of a person, but the person dies before the portrait is completed.

Show answer
Correct Option: A
Explanation:

Impracticability is caused by an event that is within the promisor's control. In this case, the crop failure is not within the promisor's control, making it an example of impracticability.

What is the effect of impracticability on a contract?

  1. The contract is void from the beginning.

  2. The contract is voidable by the promisor.

  3. The contract is unenforceable.

  4. The contract is discharged.

Show answer
Correct Option: D
Explanation:

Impracticability discharges a contract, meaning that the parties are no longer obligated to perform their respective obligations.

What are the remedies for impracticability?

  1. Rescission

  2. Damages

  3. Specific performance

  4. Injunction

Show answer
Correct Option: A
Explanation:

The primary remedy for impracticability is rescission, which is the cancellation of the contract and the restoration of the parties to their pre-contract positions.

When is commercial impracticability a defense to impossibility of performance?

  1. When the cost of performance has increased so much that it is impossible for the promisor to perform without suffering a substantial loss.

  2. When the cost of performance has increased so much that it is impossible for the promisor to perform at all.

  3. When the cost of performance has increased so much that it is impossible for the promisor to perform without suffering a moderate loss.

  4. When the cost of performance has increased so much that it is impossible for the promisor to perform without suffering a minor loss.

Show answer
Correct Option: A
Explanation:

Commercial impracticability is a defense to impossibility of performance when the cost of performance has increased so much that it is impossible for the promisor to perform without suffering a substantial loss.

What is the difference between impossibility of performance and frustration of purpose?

  1. Impossibility of performance is a complete defense to a breach of contract claim, while frustration of purpose is not.

  2. Impossibility of performance is caused by an event that is beyond the promisor's control, while frustration of purpose is caused by an event that is within the promisor's control.

  3. Impossibility of performance discharges a contract, while frustration of purpose does not.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

Impossibility of performance is a complete defense to a breach of contract claim, while frustration of purpose is not. Impossibility of performance is caused by an event that is beyond the promisor's control, while frustration of purpose is caused by an event that is within the promisor's control. Impossibility of performance discharges a contract, while frustration of purpose does not.

Which of the following is an example of frustration of purpose?

  1. A promisor promises to deliver a certain quantity of wheat, but the crop fails due to a drought.

  2. A promisor promises to build a house on a plot of land, but the land is later condemned by the government.

  3. A promisor promises to deliver a certain quantity of goods, but the goods are lost in transit.

  4. A promisor promises to paint a portrait of a person, but the person dies before the portrait is completed.

Show answer
Correct Option: D
Explanation:

Frustration of purpose is caused by an event that is within the promisor's control. In this case, the person's death is not within the promisor's control, making it an example of frustration of purpose.

What is the effect of frustration of purpose on a contract?

  1. The contract is void from the beginning.

  2. The contract is voidable by the promisor.

  3. The contract is unenforceable.

  4. The contract is discharged.

Show answer
Correct Option: D
Explanation:

Frustration of purpose discharges a contract, meaning that the parties are no longer obligated to perform their respective obligations.

What are the remedies for frustration of purpose?

  1. Rescission

  2. Damages

  3. Specific performance

  4. Injunction

Show answer
Correct Option: A
Explanation:

The primary remedy for frustration of purpose is rescission, which is the cancellation of the contract and the restoration of the parties to their pre-contract positions.

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