Under the doctrine of frustration of the purpose

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Reference no: EM132172965

1. In Washington (you'll need to check the landlord-tenant notes), if a landlord fails to repair a leaking roof, the tenant should be able to repair the roof and deduct the cost of repair from the rent, under RCW

A. 59.18.100

B. 62A.2-201

C. 19.190.010

D. 4.28.185

2. In order for a court to find that a party’s obligation to perform under a contract has been discharged, under the doctrine of “frustration of the purpose” (or “supervening frustration”), the following must be proved by the party seeking to avoid performance:

A. The purpose that is frustrated must have been a principal purpose of the party in making the contract.

B. The frustration must be substantial.

C. The non-occurrence of the frustrating event must be a basic assumption on which the contract was made.

D. All of the above must be true.

3. Cheryl, who owns a nursery, contracts with Sue, who runs a bed and breakfast, to periodically landscape and maintain the grounds of the bed and breakfast, but Sue does not control Cheryl's work, nor her designs and landscaping choices in performing the contract, and Cheryl brings her own tools and crew to the bed and breakfast. Cheryl is

A. an assignee.

B. an independent contractor.

C. an employee.

D. an agent.

4. Theo and Fiona have a bilateral contract. Theo’s obligations under the contract may be discharged by

A. agreement of the parties

B. performance of the promise that Theo made under the contract.

C. objective impossibility of the parties’ performance under the contract.

D. any of the above.

Reference no: EM132172965

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