A Party to a Contract Erroneously Acted on an Assumption

question 17

Multiple Choice

A party to a contract erroneously acted on an assumption involving breach of a innominate term.That party is itself now being sued for breach.Which of the following would a lawyer likely indicate was the erroneous action taken by this party?

• A) the initiation of a claim for damages
• B) the repudiation of the contract
• C) an incorrect application of a warranty
• D) a delay of performance of obligations

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Definitions:

CISG

The United Nations Convention on Contracts for the International Sale of Goods, a set of rules governing international sales contracts.

International Sale

The process of selling goods or services across national borders, subject to different countries' laws and trade agreements.

Treaty

A binding agreement between two nations or international organizations.

Statute of Frauds

A legal principle that requires certain types of contracts to be executed in writing and signed by the party to be charged with the obligation, in order to be enforceable.