OH Bar Performance 4

Question 1

A famous portrait artist dies after being paid a deposit but before painting a commissioned portrait. What is the effect on the contract?

Accepted Answer

The duty is discharged by impossibility because personal services of a unique party were required

Answer

Death of a party whose personal performance is essential discharges the duty by impossibility, though the deposit is typically returned in restitution.

Question 2

A concert hall burns down without fault of either party before a scheduled performance. The rental contract says nothing about fire. What is the likely result?

Accepted Answer

Both parties are discharged because destruction of the essential subject matter makes performance impossible

Answer

Destruction of a thing essential to performance, without fault, discharges both parties' remaining duties under impossibility doctrine.

Question 3

A company hires a tour operator for a parade viewing, but the parade is canceled. The venue is still available and usable. Which doctrine best supports discharging the customer's duty to pay?

Accepted Answer

Frustration of purpose

Answer

Frustration of purpose applies when performance remains possible but an unforeseen event destroys the principal purpose both parties knew underlay the contract.

Question 4

A supplier claims discharge because raw material prices unexpectedly rose 30%, making the contract unprofitable. Under impracticability doctrine, what result?

Accepted Answer

No discharge, because mere increased cost or lost profit rarely constitutes impracticability

Answer

Ordinary market fluctuations and increased expense are foreseeable business risks and generally do not rise to commercial impracticability.

Question 5

Parties to a disputed debt agree that the debtor will deliver a car instead of paying $10,000, and the creditor accepts the car. What discharges the original duty to pay?

Accepted Answer

Execution of the accord through satisfaction

Answer

An accord suspends the original duty, and only performance of the accord — the satisfaction — discharges the underlying obligation.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Performance 4