discharge of contract

Question 1

what is the difference between a strict contractural obligation and a qualified contractural obligation

Answer 1

a strict contractural obligation must be performed exactly as it is describe. vs reasonable endevours.

Question 2

what is a repudiatory breach

Answer 2

breach of a major term of the contract that goes to the root of the contract and gives the non breaching party the right to choose to discharge / affirm.

Question 3

what is the doctrine of substantial performance

Answer 3

applies to entire obligation agreements - the doctrine provides for the party in breach to recover substantial part of the agreed fe

Question 4

true or false - frustration allows a party to the contract to choose whether to discharge the future performance of the contract / affirm it

Answer 4

false - automatic.

Question 5

which of the following factors does not discharge a contract for frustration

1. illegality
2. impossibility
3. loss of the main purpose
4. impracticability

Answer 5

impracticability