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Bar Exam: Spotting Breach of Contract

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Questions and Answers

What is a breach of contract according to the provided definition?

A failure to render substantial performance only

Any failure to render full performance when due (correct)

A minor failure to render full performance when due

A material breach that thwarts the purpose of the contract

What happens if a party commits a minor breach at common law?

The nonbreaching party can suspend its performance

The nonbreaching party is entitled to damages but must still render performance (correct)

The breaching party is entitled to damages

The contract is automatically terminated

What is a material breach?

A technical breach that affects the breaching party's performance

A minor breach that leaves the nonbreaching party with the essential benefit

Any failure to render full performance when due

A breach that thwarts the purpose of the contract or deprives the nonbreaching party of the essential benefit (correct)

What is the rule that governs contracts for the sale of goods?

The perfect-tender rule Signup and view all the answers

What is a condition to each party's remaining duty of performance?

No uncured, material failure by the other party to render performance due at some earlier time Signup and view all the answers

What is the minimum remedy for a breach of contract?

Damages Signup and view all the answers

What is the rule that allows a buyer to reject goods if they do not conform to the contract, even if the breach is minor?

Perfect-Tender Rule Signup and view all the answers

What are the possible options for a buyer when a seller has breached the sales contract?

Reject all goods, accept all goods, or accept some goods and reject the rest. Signup and view all the answers

In a contract for the sale of goods, what type of warranty may arise from an affirmation or promise about the goods?

Express Warranty Signup and view all the answers

If a seller is a merchant, what implied warranty does the contract contain?

Implied Warranty of Merchantability Signup and view all the answers

What implied warranty applies to goods being fit for a specific purpose, regardless of whether the seller is a merchant?

Implied Warranty of Fitness for a Particular Purpose Signup and view all the answers

What is the term for a party communicating their unwillingness or inability to perform before their performance is due?

Anticipatory Repudiation Signup and view all the answers