Contractual Conditions Explained

Summary

A condition precedent is a specific event that must occur before a contract becomes effective. A certified check is guaranteed by the issuing bank. Contracts can be discharged by operation of law through bankruptcy, frustration of purpose, or impossibility. The UCC has provisions specific to merchants and mandates that negotiable instruments be payable in money. The statute of limitations for breach of contract under the UCC is generally four years. Equitable damages require proof of irreparable harm, a valid contract, and clean hands.

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A certified check is a check accepted by a bank on which it is drawn. Group startsTrue or False
It seems like there is some confusion here. Could you please clarify your question or issue that you need assistance with regarding the law in Ohio?
A certified check is a check accepted by a bank on which it is drawn. Group startsTrue or False
True. A certified check is indeed a type of check for which the issuing bank guarantees that enough funds are available in the account when the recipient decides to use the check.
Which of the following is not an example of a situation in which a contract may be discharged by operation of law? Multiple Choice Bankruptcy Frustration of purpose Impossibility Conditions of the contract are not met
The correct answer is: Conditions of the contract are not met. This is typically a breach of contract situation, not a discharge by operation of law. The other options - Bankruptcy, Frustration of purpose, and Impossibility - can indeed lead to a contract being discharged by operation of law.
A customer is not allowed to use his or her funds during the float time. Group startsTrue or False
True. During the float time, a customer cannot use their funds as the money is in the process of being transferred from one account to another.
The UCC has some provisions that only apply to merchants. Group starts True or False
True. The Uniform Commercial Code (UCC) does have certain provisions that are applicable solely to merchants. These are designed to regulate commercial transactions.
The written-document requirement is a mandate that the document is: Multiple Choice both relatively permanent and movable. immovable and semi-permanent. relatively permanent. movable.
True or False The written-document requirement is a mandate that the document is relatively permanent. This means it must be in a format that can't be easily altered or destroyed. Answer: Please select one of the multiple choice options.
A substitute check is a clear replication of both the front and the back of an original draft. Group startsTrue or False
True. A substitute check is indeed a clear replication of both the front and back of an original check, created digitally for ease of processing.
To what standard does the UCC hold merchants? Multiple Choice Good faith Good faith and commercial reasonableness Honesty in fact Commercial reasonableness
The Uniform Commercial Code (UCC) holds merchants to the standard of "Good faith and commercial reasonableness". It requires merchants to act honestly in fact and observe reasonable commercial standards of fair dealing.
Which of the following is not an example of a situation in which a contract may be discharged by operation of law? Multiple Choice Bankruptcy Frustration of purpose Impossibility Conditions of the contract are not met
The correct answer is "Conditions of the contract are not met". This is not a situation where a contract may be discharged by operation of law. Instead, it could be a breach of contract, leading to potential legal remedies.
The written-document requirement is a mandate that the document is: Multiple Choice both relatively permanent and movable. immovable and semi-permanent. relatively permanent. movable.
The written-document requirement mandates that the document is relatively permanent. This means it should be in a format that can't be easily altered or destroyed.
Under the UCC, a course of performance refers to the history of dealings between the parties in the particular contract at issue. Group startsTrue or False
True. Under the Uniform Commercial Code (UCC), the term "course of performance" refers to the sequence of conduct between the parties to a particular contract that exists if the agreement involves repeated occasions for performance.
If X leases an apartment from Y, then X is the ________blank and Y is the ________blank_. Multiple Choice buyer; lessor lessee; seller lessee; lessor lessor; lessee
The correct answer is "X is the lessee and Y is the lessor". In a leasing agreement, the person renting the property (X in this case) is known as the lessee and the property owner (Y) is the lessor.
Which type of contract allows the buyer to take possession of the goods before deciding whether to complete the contract by making the purchase? Multiple Choice Common-carrier delivery contract. Sale-on-approval contract Goods-in-bailment contract Sale-or-return contract
The type of contract that allows the buyer to take possession of the goods before deciding whether to complete the contract by making the purchase is the "Sale-on-approval contract".
Which term is defined as previous commercial transactions between the same parties? Multiple Choice Course of performance Course of dealing Perfect tender Usage of trade
The term defined as previous commercial transactions between the same parties is "Course of dealing".
If Alana buys seeds for her vegetable garden from a merchant and then discovers that the seeds are too old to sprout new crops, which warranty is breached? Multiple Choice Implied warranty of merchantability Implied warranty of title Implied warranty of fitness for a particular purpose Express warranty
The warranty that is breached when Alana discovers that the seeds are too old to sprout new crops is the "Implied warranty of merchantability". This warranty assures that the goods meet certain minimum quality standards.
Under the UCC, the statute of limitations for a breach of contract is five years. Group startsTrue or False
False. Under the Uniform Commercial Code (UCC), the statute of limitations for a breach of contract is generally four years, not five.
Under the UCC, which of the following is not a breach of the parties’ agreement? Multiple Choice Commercial impracticability Refusal to pay for the conforming goods Revoking acceptance of conforming goods Shipping nonconforming goods
The option that is not a breach of the parties' agreement under the Uniform Commercial Code (UCC) is "Commercial impracticability". This can be used as a defense in certain situations where performance of the contract becomes unfeasibly difficult or expensive.
To be eligible for equitable damages, the party must prove all but which of the following?. Multiple Choice The party must prove irreparable harm to plaintiff if the equitable remedy is not granted. The party must prove the contract is legally valid. The party must prove an adequate legal remedy is available. The party must prove clean hands.
The party seeking equitable damages does NOT need to prove "an adequate legal remedy is available". This is because equitable remedies are typically granted when legal remedies (like money damages) are inadequate.
What condition in a contract is explicitly stated in the contract? Multiple Choice An implied condition An express condition A condition subsequent A concurrent condition
The condition in a contract that is explicitly stated in the contract is known as an "Express Condition".
Negotiable instruments must order that payment be made in money or a service. Group startsTrue or FalseTrue, unselectedFalse, unselected
False. Negotiable instruments must order that payment be made in money, not in services. According to the Uniform Commercial Code, a negotiable instrument must be payable in money and must be unconditional.
Which of the following instruments involves only two parties? Multiple Choice A time draft A note An on-demand draft A check
The instrument that involves only two parties is "A note". In a note, there are two parties involved: the maker (who promises to pay) and the payee (to whom the payment is promised).
With a time instrument, the payee can ask for the actual payment at any time. Group startsTrue or False
False. With a time instrument, the payment is due at a specific future date stated on the instrument, not at any time the payee wishes. The payee cannot demand payment before this date.
With a time instrument, the payee can ask for the actual payment at any time. Group startsTrue or False
False. With a time instrument, the payee cannot ask for payment at any time. The payment is due at a specific future date or after a specific period has passed.
Under the UCC, which of the following is not a breach of the parties’ agreement? Multiple Choice Refusal to pay for the conforming goods Revoking acceptance of conforming goods Shipping nonconforming goods Commercial impracticability
Under the Uniform Commercial Code (UCC), "Commercial impracticability" is not considered a breach of the parties' agreement. It can be invoked as a defense when unforeseen circumstances make the fulfillment of the contract unreasonably difficult or costly.
Which of the following is an instrument validating an order by a drawer to a drawee to pay a payee? Multiple Choice A deposit slip Certificate of deposit A draft A note
The instrument that validates an order by a drawer to a drawee to pay a payee is "A draft". This instrument involves three parties: the drawer, the drawee, and the payee.
What does bearer paper require? Multiple Choice Delivery and an endorsement Delivery or an endorsement Delivery only An endorsement only
Bearer paper requires "Delivery only". This is because bearer paper is negotiable to the person who possesses it or the bearer, without the need for a specific endorsement.
What is it called when one of the parties wants to substitute a different performance for his original duty under the contract? Multiple Choice A novation An accord and satisfaction A substituted contract Alteration of the contract
The act of one of the parties wanting to substitute a different performance for his original duty under the contract is called "An accord and satisfaction".
What is it called when one of the parties wants to substitute a different performance for his original duty under the contract? Multiple Choice A novation An accord and satisfaction A substituted contract Alteration of the contract
The term for when one of the parties wants to substitute a different performance for his original duty under the contract is "Accord and Satisfaction". This involves an agreement (accord) to change the obligation and the execution (satisfaction) of that agreement.
A breaching party’s right to provide conforming goods when nonconforming goods were initially delivered is known as: Multiple Choice the right to cure the right to revocation the right to rescission the right to restitution
The breaching party's right to provide conforming goods when nonconforming goods were initially delivered is known as "the right to cure" under the Uniform Commercial Code (UCC).
Which of the following is true of a negotiable instrument? Multiple Choice A negotiable instrument must be accompanied by a promissory note that dictates the terms of repayment. A negotiable instrument must always be payable within 30 days of issue. A negotiable instrument must be negotiated before the payment terms are established. A negotiable instrument is payable on demand or at a specific time that can be computed from the instrument itself.
The true statement about a negotiable instrument is: "A negotiable instrument is payable on demand or at a specific time that can be computed from the instrument itself." This is in line with the Uniform Commercial Code (UCC).
A buyer’s right to substitute goods for those due under a sales contract when the seller provides nonconforming goods is known as: Multiple Choice replace. subsidize. cover. exchange.
The buyer's right to substitute goods for those due under a sales contract when the seller provides nonconforming goods is known as "cover" under the Uniform Commercial Code (UCC). This refers to the buyer's ability to seek replacement goods elsewhere after a breach by the seller.
The plaintiff has an obligation to try to mitigate one’s damages in a breach-of-contract case. Group startsTrue or False
True. In a breach-of-contract case, the plaintiff is indeed obligated to try to mitigate, or minimize, their damages. This is a general principle of contract law.
Under the Truth-in-Savings Act, which of the following is not information that a bank must give to its customers? Multiple Choice Annual percentage yield of interest for the account. Minimum balance to open an account. Limitations on withdrawals. Maximum balance allowed in the account.
The information that a bank is not required to give to its customers under the Truth-in-Savings Act is the "Maximum balance allowed in the account". The other options are indeed required disclosures under the Act.
A sale-or-return contract is a contract in which the buyer and seller agree that the buyer may return the goods at a later time. Group startsTrue or False
True. A sale-or-return contract is indeed a type of agreement where the buyer has the option to return the goods at a later time. This is often used in situations where the buyer is unsure of their ability to resell the goods.