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Topic
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Wiley Question –
This is in the REG section.
The test question is CONT-0096
The question states “When there has been no performance by either party, which of the following generally will result in the discharge of a party’s obligation to perform under the original contract:
The two options are Accord and Satisfaction, and Mutual Recession.
Answer A is NO to both.
Answer B is YES to both.
Answer C is YES to A&S, NO to MR
Answer D is NO to A&S, YES to MR
I initially picked answer B. It was marked wrong. I then went through C and D, both of which marked wrong. I then picked answer A, and it said that answer was the correction answer, with the following explanation:
“This answer is correct. The requirement is to identify factors that will discharge a party’s obligation to perform under a contract. A contract may be discharged by either an accord and satisfaction or a mutual decision because in the first case, both parties to the contract have agreed to satisfy the contract in a different fashion. In the second case, both parties have mutually agreed to rescind or not go through with the contract. Therefore, this answer is correct.”
Based on the answer explanation, The correct answer should be selection B.
Jeff, thoughts? I have a screen capture showing the question, ID, the A selection, and the explanation box if you want me to email it to you.
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