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Question 1
Howard hires Lyons to do some repair work on his house. Howard agrees to pay Lyons $100,000 and Lyons agrees to complete the work in two weeks. The day before the work is supposed to begin, Howard and Lyons agree to terminate their contract. This is a valid mutual rescission:
Correct Mutual rescission is where two parties to a contract agree to call off the contract. However, the contract can only be discharged by mutual rescission if both parties have not yet performed. Here, since performance has not yet begun, this is a valid rescission and True is the correct answer.
Incorrect! Mutual rescission is where two parties to a contract agree to call off the contract. However, the contract can only be discharged by mutual rescission if both parties have not yet performed. Here, since performance has not yet begun, this is a valid rescission and True is the correct answer.
Correct
Incorrect!
Question 2
Howard hires Lyons to do some repair work on his house. Howard agrees to pay Lyons $100,000 and Lyons agrees to complete the work in two weeks. The day after Lyons finishes the job, he and Howard agree to terminate their contract so that Howard does not have to pay for the work Lyons did. Later, Lyons changes his mind and asks Howard to pay him. When Howard refuses, Lyons sues Howard for breach of contract. Howard will win:
Correct
Incorrect!
Correct Mutual rescission is where two parties to a contract agree to call off the contract. However, the contract can only be discharged by mutual rescission if both parties have not yet performed. Here, since Lyons had completed performance already, their rescission was not valid and Howard was still bound to pay Lyons for his work. That being the case, Lyons will be able to recover from Howard and FALSE is the correct answer.
Incorrect! Mutual rescission is where two parties to a contract agree to call off the contract. However, the contract can only be discharged by mutual rescission if both parties have not yet performed. Here, since Lyons had completed performance already, their rescission was not valid and Howard was still bound to pay Lyons for his work. That being the case, Lyons will be able to recover from Howard and FALSE is the correct answer.
Question 3
Howard hires Lyons to do some repair work on his house. Howard agrees to pay Lyons $100,000 and Lyons agrees to redo the electrical wiring, the plumbing and the shingling on the roof of the house. Lyons has finished the wiring and plumbing work when Howard tells him that he will pay the full $100,000 and Lyons does not have to do the shingling work. A few days later, Howard changes his mind and asks Lyons to do the shingling work as well. Lyons refuses and demands to be paid the full $100,000. When Howard refuses, Lyons sues Howard for breach of contract. Howard will win:
Correct A contract may be discharged by release, where one party who has rights under the contract forgives the party who is obligated to perform. However, the forgiveness of the party who is obligated to perform must be supported by adequate consideration. Here, Lyons did not give Howard any consideration in return for the release. That being the case, the release was not valid and Lyons was still bound to do the shingling work. Therefore, Howard will win this case and TRUE is the correct answer.
Incorrect! A contract may be discharged by release, where one party who has rights under the contract forgives the party who is obligated to perform. However, the forgiveness of the party who is obligated to perform must be supported by adequate consideration. Here, Lyons did not give Howard any consideration in return for the release. That being the case, the release was not valid and Lyons was still bound to do the shingling work. Therefore, Howard will win this case and TRUE is the correct answer.