PVL3702 EXAM PACK

PVL3702 EXAM PACK 2016 COMPPILED BY CLASS OF 2016 Together We Pass Tel: © 2016Together We Pass. All rights reserved. pg. 1 MAY/ JUNE 2015 MAY/ JUNE 2015 MCQ SOLUTIONS 1.5 2.2 3.3 4.1 5.5 6.4 7.4 8.2 9.1 10.1 11.3 12.3 13.5 14.2 15.5 16.4 17.3 18.1 19.5 © 2016Together We Pass. All rights reserved. pg. 2 20.4 21.1 22.2 23.3 24.5 25.1 OCTOBER/NOVEMBER PROBLEM SOLUTIONS This contract is reciprocal in nature. Andy has rendered defective performance and the issue is whether Craig has to compensate Andy for the work that has already been done. This question deals with the exceptio non adimpleti contractus. The exceptio is a defence that can be raised in the case of a reciprocal contract, where the performances due on either side are promised in exchange for one another. It is a remedy that permits a party to withhold their performance and ward off a claim for such performance until such time as the other party has either performed or tendered performance of their obligations. Where a party who has to perform first has only performed part of its obligations or has rendered defective performance, that party is in principle not entitled to claim counterperformance until such time as he has performed in full. In practice, the innocent party often accepts part-performance and starts using the performance. This sometimes leaves the breaching party in the unfair position that it may be impractical or impossible to make full performance, but any claim for counter-performance can be defended by the other party relying on the exceptio