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Law of Contracts: Frustration of Tender Performance

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Law of Contracts: Frustration of Tender Performance

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Questions and Answers

What is a tender in the context of payment?

A partial payment offered by the creditor

A payment delayed by the act of the debtor

An attempted performance frustrated by the act of the creditor (correct)

A completed and unconditional payment

What conditions must a tender fulfil to be considered valid?

Completion and conditionality

Legal capacity and partial completion

Unconditionality and absence of legal capacity

Completeness and legal capacity (correct)

Who are the parties involved in a tender?

One debtor and one creditor (correct)

Two third-party witnesses

Two debtors

Two creditors

What happens if a tender does not meet all the conditions of a valid payment?

It is rejected by the creditor Signup and view all the answers

What method can be used to obtain a discharge for obligations to deliver an immovable?

By procuring the appointment of a judicial receiver through a judgement in a contested suit or in a suit where the creditor has been summoned Signup and view all the answers

In what type of suit can the appointment of a judicial receiver result in a discharge of obligations to deliver an immovable?

Contested suit Signup and view all the answers

What is the effect of obtaining a discharge through the appointment of a judicial receiver?

The obligation is cancelled and no longer needs to be fulfilled Signup and view all the answers

What action could result in avoiding obligations to deliver an immovable?

Procuring the appointment of a judicial receiver through any means Signup and view all the answers

In what situation can a discharge be obtained for obligations to deliver an immovable?

By obtaining a discharge through the appointment of a judicial receiver Signup and view all the answers

What is the effect of obtaining a discharge through the appointment of a judicial receiver?

The debtor is released from the obligation to deliver the immovable Signup and view all the answers

What type of legal suit can result in the appointment of a judicial receiver for obtaining a discharge of obligations to deliver an immovable?

A contested suit or a suit in which the creditor has been summoned Signup and view all the answers

What happens if a tender fails to meet all the conditions of a valid payment for obligations to deliver an immovable?

The creditor can refuse the tender and still demand full payment Signup and view all the answers

Law of Contracts: Frustration of Tender Performance

Choose a study mode

Podcast

Questions and Answers

What is a tender in the context of payment?

What conditions must a tender fulfil to be considered valid?

Who are the parties involved in a tender?

What happens if a tender does not meet all the conditions of a valid payment?

What method can be used to obtain a discharge for obligations to deliver an immovable?

In what type of suit can the appointment of a judicial receiver result in a discharge of obligations to deliver an immovable?

What is the effect of obtaining a discharge through the appointment of a judicial receiver?

What action could result in avoiding obligations to deliver an immovable?

In what situation can a discharge be obtained for obligations to deliver an immovable?

What is the effect of obtaining a discharge through the appointment of a judicial receiver?

What type of legal suit can result in the appointment of a judicial receiver for obtaining a discharge of obligations to deliver an immovable?

What happens if a tender fails to meet all the conditions of a valid payment for obligations to deliver an immovable?

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