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?

<p>It is rejected by the creditor (A)</p> Signup and view all the answers

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

<p>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 (D)</p> 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?

<p>Contested suit (C)</p> Signup and view all the answers

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

<p>The obligation is cancelled and no longer needs to be fulfilled (A)</p> Signup and view all the answers

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

<p>Procuring the appointment of a judicial receiver through any means (B)</p> Signup and view all the answers

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

<p>By obtaining a discharge through the appointment of a judicial receiver (A)</p> Signup and view all the answers

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

<p>The debtor is released from the obligation to deliver the immovable (A)</p> 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?

<p>A contested suit or a suit in which the creditor has been summoned (C)</p> 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?

<p>The creditor can refuse the tender and still demand full payment (C)</p> Signup and view all the answers

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