W7 M6 - Contracts PASS

Where the parties expressly agree in the contract that the contract will or may be discharged, refers to what?

• Agreement

• Discharge by agreement

• Novation

• Abandonment

The ______ is the actual agreement by which the obligation is discharged.

What refers to the consideration which makes the agreement operative?

• The satisfaction

• The novation

• The agreement

• Consideration

______ will occur if it can be inferred that the parties indicate that neither considers that the contract should be further performed.

Where an unexpected event, not the fault of either party, makes contractual performance something radically different to what was originally agreed, refers to what?

• Discharge by agreement

• Discharge

• Frustration

• Failure on basis of the contract

Select all the common instances of frustration that you can see below

• Destruction or unavailability of subject matter

• Death or incapacity of a party.

• Delay

• Change of law and contracts involving land

• Contemplated method of performance no longer possible

Select all the limits on the Doctrine of Frustration

• Must be no express provision in the contract providing for the frustrating event.

• The event must not have been foreseeable at the time of the contract.

• Frustrating event must not have been self-induced

• The event must have occurred without fault of either party.

At common law, a frustrated contract is automatically _____ from the time of the event.

When a contract is discharged by frustration, are obligation that were due to be performed before the event discharged?

• Yes

• No

• Maybe

Who carries the onus of proving self-induced frustration?

• Party alleging fault

• Party at fault

• Appellant

• Respondent