Posted: November 9th, 2016

Explain the circumstances in which the nonperformance of contractual duties can be excused

Question 1. Question : (TCO 6) Compare valid, void, voidable, and unenforceable contracts. Question 2. Question : (TCO 7) Define emancipation, and list a few possible reasons for its occurrence. Question 3. Question : (TCO 7) A person enters into a contract with another by writing the terms of the contract on a notepad. Is this a valid contract? Does the law accept writing on the notepad as a proof of that contract? Question 4. Question : (TCO 7) Discuss a situation where a legal right can be assigned to a third party, and provide an example. Question 5. Question : (TCO 7) “A nonbreaching party can sue the breaching party without making efforts to reduce the damages caused by the breach of contract.” Discuss this statement and provide an example. Question 6. Question : (TCO 6) Explain, in brief, express terms and their significance. Question 7. Question : (TCO 6) List the four ways in which an offer can be terminated by operation of law, and explain them in brief. Question 8. Question : (TCO 7) Explain the circumstances in which the nonperformance of contractual duties can be excused. Question 9. Question : (TCO 7) Mary purchases a skirt thinking that it is a silk skirt. In truth, however, it is a satin skirt. When she discovers that it is not a silk skirt, she tries to return it and get her money back. What kind of mistake has Mary committed? Can she be excused from the contract? Question 10. Question : (TCO 7) What is parol evidence? Discuss the parol evidence rule and its exceptions. Question 11. Question : (TCO 7) Discuss with an example a situation where a court may permit rescission of a contract based on undue influence. Question 12. Question : (TCO 7) Brooksold Corporation contracts to have Zealent Construction Company build a factory for $4,000,000. Days before the start of construction, Zealent withdraws from the contract. Brooksold invites proposals for the construction and contracts with Sierra Nos Builders for $3,800,000. Can Brooksold hold Zealent liable for nonperformance? What can the company recover as compensation for damages? Question 13. Question : (TCO 6) What are the consequences of contracting while being intoxicated?