LSU BLAW 3201 FRY Final Bundled Exams
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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. - . . 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
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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. - . . 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. - . . 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
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existing promisor with a new one. - . . 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. - . . 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. - . . 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."
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Ricardo tells Bill, "OK, that's great!" Ricardo's
performance of his new duty will be a(n): - . . 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):
- . . 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: - . . 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. - . . ANSWER ✔
✔perfect tender rule.