Topic 8: Performance of the contract

A contract may be discharged by

• Performance

• Breach

• Frustration

• All answers are correct

When complete performance of a contract by one party is a condition precedent to the liability of the other, this contract will be deemed as

• Entire contract

• Divisible contract

• Partial performance

• Substantial performance

When the time of performance of the contract is essential, the contract becomes .................. by the failure to do the thing at or before the specified time

• Void

• Valid

• Voidable

• Not voidable

To mitigate the harshness of the rule of an entire contract, the law developed the doctrine of

• Partial performance

• Substantial performance

• Lump sum contract

• Complete performance

Substantial performance is to be measured by strict financial calculation.

• True

• False

It is always a question of fact whether a contract  has been substantially performed. The court shall  consider:

• The nature of the defects

• The cost of remedying the defects

• All answers are correct

It is a reasonable sum in respect of the benefit conferred by the partial performance

• Compensation

• Damages

• Quantum meruit

• Indemnity

If it was the intention of the parties that the obligation under the contract must be performed by the promisor himself, then in such cases:

• the obligation can be performed by the promisor or a third party

• the obligation must be performed by the promisor

• the obligation can be performed by any eligible person

• All answers are wrong

Promises always bind the representatives of the promisors in case of

the death of the promisors before performance

• True

• False

Where a party by his own act makes it impossible for him to perform

his contract at the due date, there is

• Actual breach of contract

• Refusal to

  accept offer of performance

• Discharge of contract

• Constructive breach of contract