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Assent Quiz
Kubasek Assent Quiz
| Question | Answer |
|---|---|
| A __________ is a particular event that must occur in order for a party's duty to arise. | Condition precedent |
| A __________ is a future event that terminates the obligation of the parties when it occurs. | Condition subsequent |
| __________ occur when each party's performance is conditioned on the performance of the other. | Concurrent conditions |
| __________ conditions are explicitly stated in the contract. | Express |
| __________ conditions are those that are not explicitly stated, but are instead inferred from the nature and language of the contract. | Implied |
| __________ performance occurs when nearly all of the terms of the agreement have been completed, a good faith effort to complete all of the terms of the agreement, and there has been no "willful departure" from the terms of the agreement. | Substantial |
| A(n) __________ breach discharges the non-breaching party from his/her obligation under the contract. | Material |
| Which of the following represents discharge of the contract by mutual agreement? | Mutual rescission |
| Which of the following represents discharge of the contract by operation of law? | Bankruptcy Tolling of the statute of limitations Impossibility of performance |
| The doctrine of __________ can be used by the court when performance is still objectively possible, but would be extraordinarily injurious or expensive to one party. | Commercial impracticability |