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Contract Performance

Description: This quiz tests your knowledge of Contract Performance. It covers topics such as substantial performance, perfect performance, conditions, and excuses for nonperformance.
Number of Questions: 15
Created by:
Tags: contract law performance substantial performance perfect performance conditions excuses for nonperformance
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Which of the following is NOT a requirement for substantial performance?

  1. The party must have substantially performed all of the material terms of the contract.

  2. The party must have substantially performed all of the essential terms of the contract.

  3. The party must have substantially performed all of the minor terms of the contract.

  4. The party must have substantially performed all of the conditions of the contract.


Correct Option:
Explanation:

Minor terms are not required to be substantially performed in order for a party to be considered to have substantially performed the contract.

Which of the following is NOT an excuse for nonperformance?

  1. Impossibility

  2. Frustration of purpose

  3. Mistake

  4. Breach of contract by the other party


Correct Option:
Explanation:

Breach of contract by the other party is not an excuse for nonperformance. Instead, it is a ground for rescission or damages.

Which of the following is NOT a type of condition?

  1. Express condition

  2. Implied condition

  3. Constructive condition

  4. Concurrent condition


Correct Option:
Explanation:

Constructive conditions are not a type of condition. They are a legal doctrine that allows a party to terminate a contract if the other party has substantially breached the contract.

Which of the following is NOT a remedy for breach of contract?

  1. Damages

  2. Rescission

  3. Specific performance

  4. Injunction


Correct Option:
Explanation:

Injunction is not a remedy for breach of contract. It is a remedy for a threatened or ongoing breach of contract.

Which of the following is NOT a factor that a court will consider in determining whether to award specific performance?

  1. The nature of the contract

  2. The difficulty of measuring damages

  3. The hardship to the defendant

  4. The adequacy of the legal remedy


Correct Option:
Explanation:

The hardship to the defendant is not a factor that a court will consider in determining whether to award specific performance.

Which of the following is NOT a type of damages that can be awarded for breach of contract?

  1. Compensatory damages

  2. Nominal damages

  3. Punitive damages

  4. Restitution damages


Correct Option:
Explanation:

Restitution damages are not a type of damages that can be awarded for breach of contract. They are a remedy that seeks to restore the parties to the position they were in before the contract was entered into.

Which of the following is NOT a defense to a claim for breach of contract?

  1. Impossibility

  2. Frustration of purpose

  3. Mistake

  4. Unconscionability


Correct Option:
Explanation:

Unconscionability is not a defense to a claim for breach of contract. It is a ground for rescission or reformation of the contract.

Which of the following is NOT a type of anticipatory breach of contract?

  1. Positive anticipatory breach

  2. Negative anticipatory breach

  3. Actual anticipatory breach

  4. Constructive anticipatory breach


Correct Option:
Explanation:

Actual anticipatory breach is not a type of anticipatory breach of contract. It is a breach of contract that occurs when a party actually fails to perform the contract.

Which of the following is NOT a remedy for anticipatory breach of contract?

  1. Damages

  2. Rescission

  3. Specific performance

  4. Injunction


Correct Option:
Explanation:

Specific performance is not a remedy for anticipatory breach of contract. It is a remedy for actual breach of contract.

Which of the following is NOT a factor that a court will consider in determining whether to award an injunction?

  1. The nature of the contract

  2. The difficulty of measuring damages

  3. The hardship to the defendant

  4. The adequacy of the legal remedy


Correct Option:
Explanation:

The hardship to the defendant is not a factor that a court will consider in determining whether to award an injunction.

Which of the following is NOT a type of quasi-contract?

  1. Restitution

  2. Unjust enrichment

  3. Quantum meruit

  4. Implied contract


Correct Option:
Explanation:

Implied contract is not a type of quasi-contract. It is a type of contract that is created by the law, rather than by the express agreement of the parties.

Which of the following is NOT a defense to a claim for restitution?

  1. Impossibility

  2. Frustration of purpose

  3. Mistake

  4. Unconscionability


Correct Option:
Explanation:

Unconscionability is not a defense to a claim for restitution. It is a ground for rescission or reformation of the contract.

Which of the following is NOT a type of unjust enrichment?

  1. Benefit conferred without consent

  2. Benefit conferred under a mistake of fact

  3. Benefit conferred under a mistake of law

  4. Benefit conferred under duress or undue influence


Correct Option:
Explanation:

Benefit conferred under a mistake of law is not a type of unjust enrichment.

Which of the following is NOT a remedy for unjust enrichment?

  1. Restitution

  2. Unjust enrichment

  3. Quantum meruit

  4. Implied contract


Correct Option:
Explanation:

Unjust enrichment is not a remedy for unjust enrichment. It is the name of the cause of action.

Which of the following is NOT a factor that a court will consider in determining the amount of restitution to award?

  1. The nature of the benefit conferred

  2. The value of the benefit conferred

  3. The hardship to the defendant

  4. The adequacy of the legal remedy


Correct Option:
Explanation:

The hardship to the defendant is not a factor that a court will consider in determining the amount of restitution to award.

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