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NEW QUESTION 52
Which of the following will you put into box 1?
- A. fundamental breach
- B. anticipatory breach
- C. specification
- D. payment terms
Answer: B
Explanation:
The correct answers are as follows:
This is an anticipatory breach as the breach hasn’t happened yet- it’s about what will happen to the future summer order.
NEW QUESTION 53
Sam is a factory manager and has purchased a new fixed asset on a loan purchase agreement. There is a forbearance agreement between the Factory and the provider. What does this mean?
- A. the lender is able to demand full payment of outstanding balances in case of none pay-ment
- B. the lender requires the buyer to assign a guarantor in case they cannot make payments
- C. the lender is able to charge interest on the purchase in line with RPI
- D. the lender agrees to give the breaching party a period of time as an extension by which to meet their obligations
Answer: D
Explanation:
1 is the correct answer. This is a direct quote from p. 104 of the study guide.
NEW QUESTION 54
Dianne has a loan agreement which contains a clause for default. What does a clause for default imply?
- A. this allows the lender to declare insolvency
- B. this allows a lender to demand payment from a guarantor if the borrower is unable to pay
- C. this allows the lender to demand overdue payments are made straight away
- D. this allows the lender to demand full payment of the outstanding balance
Answer: D
Explanation:
A Clause for Default ‘allows the lender to demand full payment of the outstanding balance’. See p.102. And always read the small print before you sign a loan agreement 🙂
NEW QUESTION 55
Fishfingers Ltd has a contract with a supplier of cod. When the contract was set up it was not known how important specific delivery times would be for the arrival of the fish. After several months it has now become apparent that delivering the fish within 3 hours of them being caught is fundamental to the contract as delayed delivery results in poorer quality Fish Fingers. When the contract was set up what was the delivery times?
- A. a time is of the essence clause
- B. a warranty
- C. an innominate term
- D. a condition of the contract
Answer: C
Explanation:
An Innominate Term is the correct answer. At the time the contract was written, we didn’t know how important the delivery time was – therefore it wasn’t a condition or a warranty- it was an innominate term. An innominate term is a term that is difficult to classify at the time of drafting a contract. A time is of the essence clause would be a good thing to include in this contract now that we know how important the delivery times are. For more information on Conditions, Warranties and Innominate Terms see p. 43
NEW QUESTION 56
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