Order of Performance Self-Quiz

 

 

 

 

 

 

Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and Howard will pay $10,000 for the job. The contract does not say when the job should be completed nor when Howard is obligated to pay for the work. Before beginning the job, the company demands that Howard pay the $10,000 up front. When Howard refuses, the company refuses to begin working. If Howard sues for breach of contract, he will:
Choice 1 Lose, because the company is entitled to be paid up front
Choice 2 Lose, because the contract is silent as to when Howard has to pay
Choice 3 Win, because the contract is silent as to when Howard has to pay
Choice 4 Win, because it will take the company much more time to paint the house than it will for Howard to pay them
Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and Howard will pay $10,000 for the job. One week before the company is supposed to begin working, the company’s house burns down, destroying all of their equipment. Within three months, the company has replaced its equipment and is back in business. The company calls Howard and tells him that they will be able to paint his house but Howard informs them that, after the fire, he hired another painter to paint his house. If the company sues Howard for breach of contract, they will win:
True
False
Howard hires College Painters to paint his house. The contract states that the company will paint the house white with blue trim and Howard will pay $10,000 for the job. One week after the company has begun working, Howard tells them that he has filed for bankruptcy and might not be able to pay the $10,000 contract price for the job. If the company completely abandons the project, they will not be in breach of the contract:
True
False
Ben and Jerry and Moo Juice enter into a contract under which Moo Juice will ship ten thousand gallons of milk to Ben and Jerry every month for two years and Ben and Jerry will pay $1 per gallon. One week before the first delivery is due, Ben and Jerry file for bankruptcy and inform Moo Juice that they will not be able to buy milk from them. Moo Juice writes to Ben and Jerry and asks them to assure Moo Juice that they will eventually perform on the contract. One month goes by and Moo Juice gets no response to its letter. If Moo Juice sues Ben and Jerry for breach, they will win:
True
False

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