NALA Certified Paralegal Exam 2025 – 400 Free Practice Questions to Pass the Exam

Question: 1 / 400

Failure of a party to a contact to perform the obligations assumed in the contract is called:

Lack of contractual capacity

Breach of contract

Breach of contract refers to the situation when one party fails to fulfill their obligations as stipulated in a contract. A contract is a legally binding agreement that outlines specific duties and responsibilities of the parties involved. When one party does not perform these duties as agreed, it constitutes a breach.

The concept of a breach of contract can cover various scenarios, such as failing to deliver goods, not making timely payments, or not performing a service as promised. The law provides remedies for breaches, which may include damages, specific performance, or cancellation of the contract. Understanding breach of contract is crucial for paralegals and legal professionals, as it involves significant aspects of contract law and can lead to litigation if the affected party seeks legal recourse.

The other options relate to different legal concepts. Lack of contractual capacity addresses situations where one party is not legally able to enter into a contract. An illegal contract involves agreements that are not enforceable because they violate laws or public policy. Fraud pertains to deception meant to secure unfair or unlawful gain. Each of these terms refers to different legal challenges and does not specifically describe the failure to perform contractual obligations. Thus, identifying a breach of contract as the failure to fulfill contractual duties is fundamental in the study of contract law.

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An illegal contract

Fraud

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