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WorksheetsBusiness Law Chapter 11-Breach of Contracts
Total questions: 40
Worksheet time: 20mins
Name
Class
Date
1.
? _ is the legal transfer of contractual rights.
a)
alteration
b)
discharge
c)
assignment
2.
A person who owes a duty under a contract is a(n) ? _
a)
third-party beneficiary
b)
obligor
c)
assignment
3.
? _ is the fulfillment of contractual promises.
a)
performance
b)
assignment
c)
tender
4.
A(n) ? _ specifies an event that must not happen.
a)
breach of contract
b)
alteration
c)
condition negative
5.
A failure to provide complete performance of a contract is a(n) _ ? _.
a)
performance
b)
breach of contract
c)
discharge
6.
A material change in the terms of a written contract without the other party’s consent is a(n) ____?____.
a)
alteration
b)
assignment
c)
discharge
7.
? _ is a termination of duties when all parties have performed as promised.
a)
tender
b)
discharge
c)
performance
8.
A(n) ? _ is a ready, willing, and able offer to perform an obligation.
a)
alteration
b)
tender
c)
performance
9.
? _ are those who, though not a party to the contract, were intended to directly benefit from it.
a)
third-party benficiary
b)
obligor
c)
tender
10.
The actual performance of a new contractual obligation is called a(n) ____?_____.
a)
discharge
b)
alteration
c)
satisfaction
11.
A party injured by breach of contract must choose a specific remedy when suing.
a)
true
b)
false
12.
Both specific performance and compensatory damages can be recovered for the same breach of contract.
a)
true
b)
false
13.
A party who seeks equity must have “clean hands.”
a)
true
b)
false
14.
An injured party usually must take reasonable steps to mitigate damages.
a)
true
b)
false
15.
A party can give up a contractual right through a waiver
a)
true
b)
false
16.
Waivers can be implied from conduct or be specifically stated.
a)
true
b)
false
17.
Awards meant to punish and make an example of a defendant are called punitive damages.
a)
true
b)
false
18.
Three years is a common statute of limitations for a tort.
a)
true
b)
false
19.
The statute of limitations is the same for minors and those persons who have reached their majority.
a)
true
b)
false
20.
An injured party who recovers money or property is said to collect consequential damages.
a)
true
b)
false
21.
Contractual rights may be transferred to another person by assignment; contractual duties may be transferred to another person by delegation.
a)
true
b)
false
22.
Performance is the fulfillment of contractual promises as agreed.
a)
true
b)
false
23.
A person cannot delegate to another any duty where performance requires unique personal skill or special qualifications.
a)
true
b)
false
24.
If the obligor breaches, the assignor must sue for breach of contract.
a)
true
b)
false
25.
Restitution is the procedure followed to enforce a right or to get damages for an injury to a right.
a)
true
b)
false
26.
Discharge by commercial impracticability disallows the cancellation of obligations under sales contracts when unanticipated events raise the cost of performance beyond the parties’ expectations during pre contractual bargaining.
a)
true
b)
false
27.
In a minor breach, the injured party must continue to perform his duties under the contract.
a)
true
b)
false
28.
The actual performance of the new obligation is called a rescission.
a)
true
b)
false
29.
A remedy means the action of procedure followed to enforce a right or to get damages for an injury to a right.
a)
true
b)
false
30.
A party injured by a breach of contract is required by law to mitigate the damages.
a)
true
b)
false
31.
A party may assign contractual rights to another provided
a)
performance would be materially changed
b)
performance becomes substantially more difficult
c)
performance will not be materially changed
d)
there are personal injury claims
32.
A person who delegates contractual duties to another party
a)
is still legally obligated and responsible for proper performance even though someone else may actually do the work
b)
must post a bond to assure proper performance of the contract
c)
has no further obligation under the contract
d)
none of these
33.
When a general contractor agrees to build a house, he generally
a)
performs all the work himself
b)
delegates most of the work to independent subcontractors
c)
instructs the buyer of the house on how to do the work
d)
none of these
34.
The significance and classification of any breach is an issue of fact to be decided by
a)
the parties involved
b)
a panel of experts within that trade
c)
a judge or jury
d)
none of these
35.
The basic remedies for major breach of contract do not include
a)
imprisonment
b)
money damages
c)
rescission and restitution
d)
specific performance
36.
Restitution is
a)
permitting the injured party to recover money or property given to the defaulting party
b)
usually available when one party has delivered something of value to the other in an attempt to contract
c)
both a and b
d)
none of these
37.
Consequential damages may be granted for
a)
the foreseeable injuries caused by the breach
b)
a major breach
c)
a minor breach
d)
all of these
38.
Damages designed to punish and make an example of the defendant ar
a)
specific
b)
liquidated
c)
punitive
d)
nominal
39.
When the only appropriate remedy for breach of contract is to order the breaching party to do exactly what was required under the contract, the remedy is termed the remedy of
a)
injunction
b)
specific performance
c)
mitigation
d)
waivers
40.
A ready, willing, and able offer to perform an obligation is a(n)
a)
discharge
b)
accord
c)
tender
d)
substantial performance
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