168. (a) In what kinds of contracts do express conditions occur? (b) May express conditions be waived? 169. A agrees to pay for the contractor's work when the architect certifies as to its completion. What rights has the contractor if the architect, colluding with the owner, refuses to certify when the work is actually completed? 170. A agrees to make a ring according to a drawing, but upon completion it does not satisfy B. What are A's rights? 171. What obligation does the law impose on a party who promises to pay when able? 172. Discuss the rules on conditions implied in fact. 173. What sort of conditions are those implied in law? 174. What is the rule for the performance of promises where the act to be performed on one side requires time? 175. Who must perform where the time for performance of one act is definite? 176. What is a breach in limine? 177. (a) Give the rules for performance where no time is fixed. (b) When is time of the essence? 178. A is to furnish B with 1,000 tons of coal in three equal installments, January, May, and September. B is to pay therefor $5,000 in five installments, January, March, May, July, November. B fails to pay the July installment. What are the rights of A and B? 179. What is meant by renunciation of contract? 180. When does impossibility of performance arise? 181. Of what effect is impossibility of performance where it is known when the contract is made? 182. (a) What is meant by subsequent impossibility? (b) What is the general rule in such cases? 183. Are there any exceptions to the general rule given? If so, name them. 184. If A agrees with B to sell B his typewriter, but sells it to C instead, what rights arise in favor of B? 185. Give examples of impossibility by acts or change of law. 186. What effect has the destruction of the subject matter on a contract? 187. Of what effect is personal incapacity? 188. What is the tendency of the law toward reducing the scope of impossibility? 189. What are alternative contracts? 190. Give the rights of the parties of a contract affected by impossibility. 191. In what different ways may the discharge of a contract be affected? 192. (a) How does a discharge by agreement occur? (b) Discuss discharge by waiver. 193. What is meant by a "substituted agreement"? Give an example. 194. What is a release? 195. Give an example of novation. Does it discharge the con tract? 196. What form is necessary to discharge other instrument? contract by an 197. What provisions may be made in a contract for its dis charge? 198. When is a contract discharged by performance? 199. (a) What has payment to do with discharge by performance? (b) Distinguish between substituted and conditional performance. 200. Give examples of what constitutes a tender. 201. Discuss the doctrine of substantial performance. 202. In what ways may a contract be discharged by operation of law? 203. What is meant by merger? 204. A adds the words "with interest" to a promissory note in his favor, signed by B. Is this a material alteration? 205. What is meant by failure of consideration? 206. When does a breach going to the essence discharge a contract? 207. Of what effect on the contract is the marriage of its parties? 208. Distinguish between discharge of contract for breach and discharge of right of action arising from breach. 209. Of what effect is the agreement as to the discharge of a right of action? 210. How may a discharge of a right of action take place by acts? 211. Define and give examples of accord and satisfaction. 212. What is meant by arbitration and award? 213. May the right of action ever be discharged by operation of law? 214. What are Statutes of Limitations? 215. When does bankruptcy discharge debts? 216. What remedies has the injured party for breach of contract? 217. (a) What amount of damages may be recovered? (b) May a party recover more than his actual loss occasioned by the breach of contract? 218. When is specific performance of a contract decreed? 219. What is cancellation; rectification? |