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LSU BLAW 3201 FRY FINAL EXAM questions with verified answers

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LSU BLAW 3201 FRY FINAL EXAM questions with verified answers

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  • September 12, 2024
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LSU BLAW 3201 FRY FINAL EXAM

A contract contains the provision, "Walter Hamilton promises to pay Faye Weeks $1,200 for a 2003 V-6
motor provided that Phelps' Garage approves the quality of the motor." This provision:

a. makes the contract unenforceable since Walter's promise is illusory.

b. creates an express condition which must be met before Walter's duty to pay arises.

c. cannot create an express condition because it lacks the necessary words "on condition that."

d. cannot be valid since it makes Walter's duty to pay dependent upon the opinion of a third party. -
correct answer ✔✔creates an express condition which must be met before Walter's duty to pay arises.



William has a contract to build a new office building for Angela. The contract contains a provision
requiring William to furnish a certificate of occupancy from the building inspector before Angela is
required to pay. This provision is:

a. an express condition.

b. an implied-in-fact condition.

c. an implied-in-law condition.

d. a condition subsequent. - correct answer ✔✔an express condition.



Which of the following is a contract with a condition subsequent?

a. Rhonda enters into a contract to buy a new car conditional upon her getting a loan from her bank.

b. Roger bought a VCR, but he may return the VCR within ten days and get all of his money back.

c. Both (a) and (b) are examples of a condition subsequent.

d. Neither (a) nor (b) is an example of a condition subsequent. - correct answer ✔✔Roger bought a VCR,
but he may return the VCR within ten days and get all of his money back.



A(n) ____ is a substituted contract that involves an agreement among three parties to substitute a new
promisee in place of an existing promisee, or to replace an existing promisor with a new one. - correct
answer ✔✔novation

,A(n) ____ is a contract between a promisee and a promisor by which the promisee agrees to accept and
the promisor agrees to render a substituted performance in satisfaction of an existing contractual duty. -
correct answer ✔✔accord



Which of the following is/are correct with regard to conditions subsequent?

a. Conditions subsequent are quite common in contracts.

b. A "sale or return" contract is an example of a contract with a condition subsequent.

c. A condition subsequent must occur before performance is due under a contract.

d. All of the above are correct. - correct answer ✔✔A "sale or return" contract is an example of a
contract with a condition subsequent.



Bill recently borrowed $50 from Ricardo for a couple of weeks. Bill, still short of cash, tells Ricardo, "I will
wash and wax your car in exchange for the $50 I owe you." Ricardo tells Bill, "OK, that's great!" Ricardo's
performance of his new duty will be a(n): - correct answer ✔✔satisfaction.



On November 1, Paula and Roberta enter into a contract where both parties are obligated to perform on
December 31. On December 1, Paula tells Roberta, "I can, in no way, perform my duties in our contract."
This statement is a(n): - correct answer ✔✔anticipatory repudiation.



A and B enter into a contract on January 1 of this year. A's friend C tells A, "The law generally restricts the
time within which an action can be brought by either party to a contract." C's statement is: - correct
answer ✔✔true, because of statutes of limitation.



The Code greatly alters the common law doctrine of material breach by adopting what is known as the:

a. perfect tender rule.

b. anticipatory repudiation rule.

c. prevention of performance rule.

d. discharge by operation of rule law. - correct answer ✔✔perfect tender rule.



Unless one of the parties contractually assumes the risk, the ____ discharges a contract if supervening
circumstances make fulfillment of the purpose which both parties had in mind impossible. - correct
answer ✔✔frustration of purpose doctrine

, Meg has contracted to paint a portrait of Julio, but dies before completing the portrait. Which of the
following is correct?

a. Meg's executor must find a capable artist to complete the work to Julio's satisfaction.

b. Meg's contractual duty is discharged due to objective impossibility.

c. A novation must be entered between Julio and a third person in order to discharge Meg's duty under
the contract.

d. Meg's contractual duty is discharged due to subjective impossibility. - correct answer ✔✔Meg's
contractual duty is discharged due to objective impossibility.



Refusal of a tender of performance by one party to a bilateral contract will: - correct answer ✔✔be
treated as a repudiation, excusing the tendering party from further duty of performance under the
contract.



Conditions may be classified:

a. by how they are imposed.

b. by when they affect a duty of performance.

c. Both (a) and (b); they are not mutually exclusive.

d. Neither (a) nor (b). - correct answer ✔✔Both (a) and (b); they are not mutually exclusive.



Which of the following would be considered a material breach of a contract?

a. Partial performance that omits some essential part of the contract.

b. Delivery of 50 chairs in a contract that calls for 100 chairs.

c. An intentional breach of the contract.

d. All of the above would be material breaches.

e. Only (a) and (b) above would be material breaches. - correct answer ✔✔all of the above



Russell promises Marty $1,500 if he will completely landscape Russell's yard. Which of the following
would discharge Russell's obligations to pay under this contract?

a. Marty leaves a one-foot strip of land barren.

b. Marty doesn't begin work on the landscaping until after he finishes two other jobs.

c. Marty doesn't plant any flowers, shrubs, or grasses.

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