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5 Written questions

5 Matching questions

  1. Substituted Performance
  2. Precedent
  3. Contract
  4. Quasi Contract
  5. Pure Rejection
  1. a Before
  2. b There are 2 original contracting parties, and one party's performance has been substituted for someone of equal or better value - the original party is still held responsible
  3. c In order to create a valid ___, one must have mutual assent and consideration
  4. d Where a court will create a contract to prevent an unjust enrichment
  5. e Not interested in the offer, "no"

5 Multiple choice questions

  1. Whoever takes out cost for insurance coverage and freight expense pays for the damage done to the item
  2. Once the good is "on board" the particular vessel, it is if the title has been transferred, at the moment of delivery
  3. A contract that by its very terms is illegal, depending on the laws of the moment
    Rebuttal only stands if brought up after the fact that performance was fully finished
  5. The auctioneer must accept any offer they receive

5 True/False questions

  1. (Commercial) ImpracticabilityIt would be commercially impracticable for the breaching party to do the obligation that they are required to do under the contract


  2. Voidable ContractDesigned to keep an offer open for a stated period of time or a reasonable period of time


  3. Lucy v. ZehmerOne relinquishes a known right


  4. RevocationThe offeror can take back the offer, prior to acceptance or expiration


  5. Detrimental RelianceGives rise to whose time for performance is due; look to the terms of the contract for who is to perform and when