Which of the following circumstances would NOT discharge a contract by frustration?The contract is one for personal services and the promisee dies before paying for the services.The contract is one for personal services and the promisor dies before performing those services.Existence of a particular thing is essential to the performance of the contract and that particular thing is destroyed after the contract is entered into and before performance is due.Performance of the contract becomes illegal through a change in the law after the contract is formed.
Question
Which of the following circumstances would NOT discharge a contract by frustration?The contract is one for personal services and the promisee dies before paying for the services.The contract is one for personal services and the promisor dies before performing those services.Existence of a particular thing is essential to the performance of the contract and that particular thing is destroyed after the contract is entered into and before performance is due.Performance of the contract becomes illegal through a change in the law after the contract is formed.
Solution
The circumstance that would NOT discharge a contract by frustration is: "The contract is one for personal services and the promisee dies before paying for the services."
In this case, the death of the promisee does not prevent the performance of the contract, it only affects the payment. The executor or administrator of the promisee's estate would typically be responsible for settling such debts from the estate. Therefore, this situation does not frustrate the contract.
On the other hand, the other three circumstances involve situations where the performance of the contract becomes impossible due to factors beyond the control of the parties involved, which would typically discharge the contract by frustration.
Similar Questions
Which of the following is NOT a situation where frustration would occur?Where the government in exercising its powers has made completion of the contract impossible.Long term serious illness of a person contracted to perform a personal services contract.Where the performance of the contract is rendered illegal by the destruction of the subject matter of the contract by one of the parties.Where a change in the law renders performance of the contract illegal.
Which of the following circumstances generally will cause a discharge of contractual duties by operation of law? A. Impossibility of performance B. Accord and satisfaction C. Anticipatory repudiation D. Novation
Which of the following refers to a contract by which one party promises to save the other from loss caused to him by the conduct of the Promisor himself, or by the conduct of any other person'?
Which of the following conditions need not be satisfied for substantial performance?Multiple choice question.The formation of a contract between a merchant obligor and a non-merchant obligeeNo willful departure from the terms of the agreementAn honest effort to complete all of the contract termsCompletion of nearly all of the terms of the agreement
Contract is discharged by*Mutual consentPerformance and BreachLapse of time and operation of lawAll of the above
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