Practice Test Geeks(OK Bar) Oklahoma Bar Exam Practice Test
← All OK BAR Flashcard Decks

Performance Flashcards

7 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Performance flashcards as text

  1. A farmer contracts to sell a specific identified crop from a named field, and the crop is destroyed by an unforeseeable flood before harvest. What is the likely result?

    Answer: The farmer's duty is discharged by impossibility/impracticability

    Destruction of specifically identified subject matter essential to performance, without fault, discharges the duty under impossibility or impracticability doctrine.

  2. A city hires a contractor to build viewing stands for a parade that is later cancelled by an unforeseeable event. The stands could still be built. The contractor's best discharge argument is:

    Answer: Frustration of purpose

    Frustration of purpose applies when performance remains possible but an unforeseeable event destroys the shared, principal purpose of the contract.

  3. One month before performance is due, a seller unequivocally states, 'I will not deliver under any circumstances.' What may the buyer immediately do?

    Answer: Treat it as an anticipatory repudiation and sue at once, or await performance

    An unequivocal repudiation before performance is due allows the nonbreaching party to sue immediately, suspend performance, or await the performance date.

  4. A party has reasonable grounds for insecurity about the other side's performance under a UCC sale. The proper step is to:

    Answer: Demand adequate assurance in writing and suspend performance if justified

    The UCC permits a written demand for adequate assurance, and failure to provide it within a reasonable time (not exceeding 30 days) operates as a repudiation.

  5. A repudiating party attempts to retract the repudiation before the performance date. The retraction is effective unless:

    Answer: The other party has materially changed position or indicated the repudiation is final

    Repudiation may be retracted until the aggrieved party materially relies, accepts the repudiation as final, or sues, after which retraction is ineffective.

  6. A singer contracts to perform at a venue but dies before the concert. The singer's estate is:

    Answer: Discharged, because personal services contracts are excused by death of the performer

    Death or incapacity of a party whose personal performance is essential discharges the contractual duty by impossibility.

  7. After a contract for the sale of goods is formed, a new regulation makes delivery illegal. The seller's duty is:

    Answer: Discharged by supervening illegality

    Supervening governmental regulation or law that makes performance illegal discharges the duty as a form of impossibility/impracticability.