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?

<p>The perfect-tender rule (C)</p> Signup and view all the answers

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

<p>No uncured, material failure by the other party to render performance due at some earlier time (D)</p> Signup and view all the answers

What is the minimum remedy for a breach of contract?

<p>Damages (C)</p> 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?

<p>Perfect-Tender Rule (A)</p> Signup and view all the answers

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

<p>Reject all goods, accept all goods, or accept some goods and reject the rest. (B)</p> 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?

<p>Express Warranty (C)</p> Signup and view all the answers

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

<p>Implied Warranty of Merchantability (D)</p> 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?

<p>Implied Warranty of Fitness for a Particular Purpose (C)</p> 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?

<p>Anticipatory Repudiation (A)</p> Signup and view all the answers

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