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Contract Defenses

Description: This quiz covers various defenses that can be asserted in response to a breach of contract claim.
Number of Questions: 15
Created by:
Tags: contract law contract defenses breach of contract
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Which of the following is NOT a valid contract defense?

  1. Impossibility

  2. Frustration of Purpose

  3. Unconscionability

  4. Statute of Frauds

Show answer
Correct Option: D
Explanation:

The Statute of Frauds is not a defense to a breach of contract claim. It is a rule of evidence that requires certain types of contracts to be in writing in order to be enforceable.

What is the legal doctrine that excuses performance of a contract when an unforeseen event makes it impossible or impracticable to perform?

  1. Impossibility

  2. Frustration of Purpose

  3. Unconscionability

  4. Duress

Show answer
Correct Option: A
Explanation:

Impossibility is a legal doctrine that excuses performance of a contract when an unforeseen event makes it impossible or impracticable to perform.

Which of the following is NOT an element of the defense of frustration of purpose?

  1. The purpose of the contract is frustrated by an unforeseen event.

  2. The frustration is substantial.

  3. The party asserting the defense did not assume the risk of frustration.

  4. The party asserting the defense caused the frustration.

Show answer
Correct Option: D
Explanation:

The party asserting the defense of frustration of purpose cannot have caused the frustration.

What is the legal doctrine that allows a court to refuse to enforce a contract that is unconscionable?

  1. Impossibility

  2. Frustration of Purpose

  3. Unconscionability

  4. Duress

Show answer
Correct Option: C
Explanation:

Unconscionability is a legal doctrine that allows a court to refuse to enforce a contract that is unconscionable.

Which of the following is NOT an element of the defense of unconscionability?

  1. The contract is one-sided.

  2. The terms of the contract are oppressive or unfair.

  3. The party asserting the defense did not have a meaningful opportunity to negotiate the terms of the contract.

  4. The party asserting the defense is a sophisticated businessperson.

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Correct Option: D
Explanation:

The fact that the party asserting the defense of unconscionability is a sophisticated businessperson is not an element of the defense.

What is the legal doctrine that allows a court to refuse to enforce a contract that was entered into under duress?

  1. Impossibility

  2. Frustration of Purpose

  3. Unconscionability

  4. Duress

Show answer
Correct Option: D
Explanation:

Duress is a legal doctrine that allows a court to refuse to enforce a contract that was entered into under duress.

Which of the following is NOT an element of the defense of duress?

  1. The party asserting the defense was threatened with physical harm.

  2. The party asserting the defense was threatened with economic harm.

  3. The threat was made by the other party to the contract.

  4. The party asserting the defense had a reasonable alternative to entering into the contract.

Show answer
Correct Option: D
Explanation:

The fact that the party asserting the defense of duress had a reasonable alternative to entering into the contract is not an element of the defense.

What is the legal doctrine that allows a court to refuse to enforce a contract that is illegal?

  1. Impossibility

  2. Frustration of Purpose

  3. Unconscionability

  4. Illegality

Show answer
Correct Option: D
Explanation:

Illegality is a legal doctrine that allows a court to refuse to enforce a contract that is illegal.

Which of the following is NOT an element of the defense of illegality?

  1. The contract is prohibited by statute.

  2. The contract is contrary to public policy.

  3. The party asserting the defense knew or should have known that the contract was illegal.

  4. The party asserting the defense benefited from the illegal contract.

Show answer
Correct Option: D
Explanation:

The fact that the party asserting the defense of illegality benefited from the illegal contract is not an element of the defense.

What is the legal doctrine that allows a court to refuse to enforce a contract that is void for lack of capacity?

  1. Impossibility

  2. Frustration of Purpose

  3. Unconscionability

  4. Lack of Capacity

Show answer
Correct Option: D
Explanation:

Lack of Capacity is a legal doctrine that allows a court to refuse to enforce a contract that is void for lack of capacity.

Which of the following is NOT an element of the defense of lack of capacity?

  1. The party asserting the defense was a minor.

  2. The party asserting the defense was mentally incompetent.

  3. The party asserting the defense was intoxicated.

  4. The party asserting the defense was under the influence of drugs.

Show answer
Correct Option: D
Explanation:

The fact that the party asserting the defense of lack of capacity was under the influence of drugs is not an element of the defense.

What is the legal doctrine that allows a court to refuse to enforce a contract that is void for mistake?

  1. Impossibility

  2. Frustration of Purpose

  3. Unconscionability

  4. Mistake

Show answer
Correct Option: D
Explanation:

Mistake is a legal doctrine that allows a court to refuse to enforce a contract that is void for mistake.

Which of the following is NOT an element of the defense of mistake?

  1. The mistake was material.

  2. The mistake was mutual.

  3. The mistake was unilateral.

  4. The party asserting the defense was not negligent in making the mistake.

Show answer
Correct Option: D
Explanation:

The fact that the party asserting the defense of mistake was not negligent in making the mistake is not an element of the defense.

What is the legal doctrine that allows a court to refuse to enforce a contract that is void for fraud?

  1. Impossibility

  2. Frustration of Purpose

  3. Unconscionability

  4. Fraud

Show answer
Correct Option: D
Explanation:

Fraud is a legal doctrine that allows a court to refuse to enforce a contract that is void for fraud.

Which of the following is NOT an element of the defense of fraud?

  1. The party asserting the defense was deceived by the other party.

  2. The deception was material.

  3. The deception was intentional.

  4. The party asserting the defense relied on the deception.

Show answer
Correct Option: D
Explanation:

The fact that the party asserting the defense of fraud relied on the deception is not an element of the defense.

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