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CIPS L5M3 Exam - Topic 1 Question 41 Discussion

Posted by Shayne on Sep 17, 2024 at 11:39 PM

If an innocent party wishes to terminate a contract due to a breach, which of the following is true?

Suggested Answer: A

The correct answer is 'only future obligations of the parties are excused and discharged' - all cur-rent and past obligations need to be fulfilled, or remedied (e.g. through liquidated damages). When an innocent party terminates a contract, they are still obliged to fulfil their own obligations. P.47


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35 comments · newest first
FA
Fanny 11 months ago
C seems off; the offending party's obligations aren't just wiped away.
BE
Bette 12 months ago
I didn't know that! Surprised to learn about these distinctions.
OR
Orville 12 months ago
Wait, are you sure? I thought it might be A.
JU
Juliann 1 year ago
Totally agree with you, B is the right choice!
GL
Gladys 1 year ago
I think it's B, all obligations of the innocent party are excused.
BA
Barney 1 year ago
I believe the answer could be A, but I also recall something about past obligations being relevant in some cases.
WI
Wilda 1 year ago
I'm a bit confused about whether all obligations are excused or just the future ones. I feel like I need to review that part again.
LI
Lisandra 1 year ago
I remember practicing a question like this, and I think it was about how the offending party's obligations are discharged too.
RO
Rolande 1 year ago
I think if the innocent party terminates the contract, it might only excuse future obligations, but I'm not completely sure.
TO
Tomoko 1 year ago
Okay, I've got this. When a contract is breached, the innocent party can terminate the agreement, but the question is about what specific obligations are excused or discharged. I'll review the options closely.
AU
Audra 1 year ago
Hmm, this is a tricky one. I'm not entirely sure about the nuances of contract termination due to breach. I'll need to think it through step-by-step to determine the correct answer.
NA
Nakita 1 year ago
I think this question is testing our understanding of contract law and the consequences of a breach. I'll need to carefully consider the options and apply my knowledge of contract termination.
GO
Golda 1 year ago
I'm a bit confused by the wording of the question. The distinctions between "future obligations," "all obligations," and "past obligations" are not entirely clear to me. I'll need to re-read the question and options carefully.
JE
Jesusa 2 years ago
Trick question! The answer is obviously A. You can't just get out of future obligations because of a breach. That would be way too easy.
CH
Cherry 2 years ago
↳ replying to Jesusa
I agree with Cherry, it's definitely A. Trick question indeed!
TE
Tegan 2 years ago
↳ replying to Jesusa
No, I believe it's A. Only future obligations of the parties are excused and discharged.
JE
Jennie 2 years ago
↳ replying to Jesusa
I think the answer is B. All obligations of the innocent party are excused and discharged.
SL
Slyvia 2 years ago
Hmm, I'm torn between B and C. But I think C makes the most sense - the offending party should be the one facing consequences, not the innocent party.
LA
Lashon 2 years ago
↳ replying to Slyvia
I think B is the correct answer because the innocent party shouldn't have to fulfill any obligations.
AL
Albina 2 years ago
↳ replying to Slyvia
I see your point, but I still think C is the best option.
MA
Mabel 2 years ago
↳ replying to Slyvia
But wouldn't it be fair for both parties to have their obligations excused?
RE
Renato 2 years ago
↳ replying to Slyvia
I agree, C seems like the most logical choice.
IL
Iluminada 2 years ago
D is the correct answer. Only past obligations are excused, not future ones. Gotta love those tricky contract law questions!
JA
Janey 2 years ago
I'm going with C. The offending party should be the one whose obligations are excused and discharged, not the innocent one.
WH
Whitley 2 years ago
↳ replying to Janey
I'm not sure, but I think it might be D) only past obligations of the parties are excused and discharged.
BE
Ben 2 years ago
↳ replying to Janey
I disagree, I believe it's C) all obligations of the offending party are excused and discharged.
DI
Dierdre 2 years ago
↳ replying to Janey
I think it's A) only future obligations of the parties are excused and discharged.
MA
Major 2 years ago
But doesn't it make more sense for the innocent party to be relieved of all obligations?
NE
Nell 2 years ago
Option B seems like the most logical choice here. If the contract is terminated due to a breach, the innocent party should be fully relieved of their obligations.
BU
Burma 2 years ago
↳ replying to Nell
That's a good point. It's important to consider both parties' obligations when terminating a contract due to a breach.
YO
Yolande 2 years ago
↳ replying to Nell
I think only future obligations of the parties are excused and discharged, so option A might be the correct choice.
GE
German 2 years ago
↳ replying to Nell
But what about the obligations of the offending party? Shouldn't they also be excused and discharged?
MA
Makeda 2 years ago
↳ replying to Nell
I agree, option B makes the most sense. The innocent party shouldn't have to fulfill any obligations if the contract is terminated.
KR
Kris 2 years ago
I disagree, I believe the correct answer is C) all obligations of the offending party are excused and discharged.
MA
Major 2 years ago
I think the answer is B) all obligations of the innocent party are excused and discharged.
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