112. What are the rules of evidence in regard to the admission of oral testimony to vary the terms of a written contract?

113. State some of the principal rules of construction to be followed in the interpretation of a contract.

114. When there is doubt as to the intention of the parties, at what will the court look?

115. Will the court enforce unexpressed obligations that are implied by the law?

116. When is time of the essence of a contract? What is the rule at common law? In equity? Under the statute?

117. Explain the distinction between liquidated damages and a penalty, and define each. Is the intention of the parties of importance?

118. Define joint and several contracts, and state the rules governing the liabilities of the parties.

CHAPTER VII

ASSIGNMENT AND DISCHARGE OF CONTRACTS

119-120. Define assignment. Who are competent parties to an assignment? May the following parties make assignments: Agents, corporations, partners, cotenants?

121. What may be assigned? Are choses in action assignable? At common law? Under the statute? In equity?

122. Are the liabilities growing out of a contract assignable? If not, why? If there are some that are assignable, state them and explain why. Are rights and liabilities ever assignable by operation of law? Illustrate.

123. What was the common law rule in respect to assignments by married women? What is the statute rule?

124. Are bonds and chattel mortgages assignable? If so, what rights are transferred?

125. State five methods of discharging a contract.

126. How may a contract be discharged by agreement? If one party has performed his part, how must a promise to discharge the other part be upheld?

127. What is a novation? What relation does it have to the discharge of a contract? When must a substituted agreement be in writing?

128. In a discharge by performance when does per formance by the promisor discharge the contract?

129. Explain what is meant by sufficiency of pe formance?

130. What rules do the courts apply when the contract contains a provision that it is to be to the satisfaction of the other party?

131. When no time is stated, what is the rule applied by the courts? How are words regarding time to be construed?

132. Explain payment, accord and satisfaction. Given an instance in which payment may be treated as null and void. What is the effect of a negotiable instrument given in payment? Of what importance is the intention of the parties?

When is an agreement by a creditor to accept less than the full amount in satisfaction valid?

133. What is a composition with creditors? What is the effect of a secret agreement to the advantage of one creditor?

134. When part payment is made and several debts are owed, what determines the application of the amount

paid? When is the creditor at liberty to apply the money as he sees fit? If neither party decides, who determines the application of the fund?

135. Explain tender. What is the effect of a refusal to accept a tender of money? What duty is incumbent upon the offerer? Does the refusal to accept an offer of something other than the payment of money discharge the contract?

CHAPTER VIII

DISCHARGE OF CONTRACTS (CONTINUED)

136. State three methods of discharge of contracts by breach?

137. When does failure of performance discharge the contract? If not, what rights have the parties?

138. What determines whether the promises in a contract are or are not independent?

139. State the kinds of conditions that may appear in a contract. When does the non-performance of conditions discharge the contract? Explain the rights of the parties under the various conditions possible.

140. Of what effect is the breach of a subsidiary promise? Define warranty. How may a warranty be distinguished from a condition?

141. When may renunciation of an executory contract occur? Why does it not ipso facto discharge the contract? What are the rights of the parties? State the English rule. What would be the effect if the renunciation occurred during the course of performance of the contract?

CHAPTER IX

DISCHARGE OF CONTRACTS (CONTINUED)

142. What is the effect of impossibility of performance? When may it occur? When does it discharge the contract? Illustrate both.

143. State four exceptions to the rule that impossibility after the making of the contract does not void it. 144. What is the effect of the destruction of the subject matter?

145. What is the liability of the promisor if the contract is made impossible by a governmental agency acting within its authority?

146. When does death discharge the contract even in spite of an express provision to the contrary?

147. When is one justified in refusing to carry out a contract under conditions of danger? Is an employer liable for wages when he stops work on account of the danger involved?

148. What is the effect on a contract when the promise prevents performance?

149. State some methods of discharging a contract by operation of law.

150. Explain merger. Give some illustration of merger. Is the reduction of an oral contract to writing a merger? If not, why not?

151. What is an alteration? When is it a spoliation? When does an alteration invalidate a contract? What constitutes such an alteration? Of what importance is intention in the alteration? Does the loss of a written instrument discharge it?

152. Define and explain insolvency and bankruptcy. Does mere insolvency discharge the contract?

153. What are the provisions of the national law in regard to bankruptcy and insolvency? What is the name of the Act?

154. Who may be entitled to the benefits of the Act? What exceptions are made?

156. What claims may be and may not be proved against a bankrupt?

157. What property is exempt?

158. What is the effect of adjudging one a bankrupt? 159-160. What are the remedies of the other party to a contract when one party commits a breach of the contract? What damages is the injured party entitled to recover? In what one case are exemplary damages recoverable?

CHAPTER X

SALES: THE CONTRACT

161. Define sale.

162. What are the distinguishing features of sale from a contract to sell? Distinguish sale from barter; from gift; executory sale from executory contract.

163. Who may pass title to property? Who may not pass title although having possession of the property? 164. Define actual and potential existence. Can a valid sale be made of goods one intends to buy? Can an executory sale be made? Can a sale be made of an incorporeal right or of an expectancy based upon chance?

165. What is the provision of the English statute of frauds in regard to the sale of chattels? What are our rules?

166. What is the rule in regard to the application of the statute to the sale of goods to be manufactured?