The only method of discharging a contract without attracting liability for

The only method of discharging a contract without

This preview shows page 16 - 25 out of 32 pages.

The only method of discharging a contract without attracting liability for breach is by agreement a.True b.False A party can discharge an existing contract by agreement and consideration
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#15 & 16 Payment can be claimed only if a contract has been fully performed The doctrine of frustration applies only when the parties agree to its application
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#17 & 18 When frustration applies, damages are not recoverable a.Trueb.False The advantage of a force majeure clause is that the contract is not automatically terminated
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#19 & 20 The remedy of specific performance is always available for breach of contract Damages in contract law can be recoverable as of right without the need to mitigate or lessen the loss
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#21 & 22 Nominal damages are payable when there is breach but no actual loss a.True b.False Liquidated damages are a genuine pre-estimate of the likely loss and recoverablec.Trued.False
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#23 S offered to sell his painting to B for $5,000. S instructed his lawyer to draw a sale agreement and to forward to B. The lawyer sent B an agreement which had not been signed by S and which contained a number of terms to which B had not agreed. B signed the agreement and forwarded it to S for his signature. S refused to sign as he had found a buyer who was willing to pay more. Advise B
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#24R offered a reward of $1000 to anyone who supplied information leading to the recovery of goods which had been stolen from him. T, who was questioned by the police concerning the stolen goods, gave information that led to the recovery of the goods. T had nothing to do with the theft and did not know of the reward at the time he gave the information. T is entitled to the reward as his act of giving information leading to the recovery of the goods constitutes acceptance of and consideration for the offer of reward Assuming that T was involved in the theft, he would be entitled to the reward
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#25Two students rented a flat near the University for 12 months and signed a written lease. At the end of the period, they continued to stay in the flat and the landlady continued to send a monthly reminder that the rent was due. The students did not pay and continued to stay on. It was only after 3 months that the landlady succeeded in evicting them. What is the legal position? a.The landlady cannot recover the rental as the lease had expired b.The landlady can claim the rental as she had been sending monthly reminders c.The landlady cannot recover the rental since leases are required by law to be in some written form d.The landlady can recover the rental since the acts of continuing to stay and the monthly reminders are unequivocally referable to the lease
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