Question 1

The recovery for breach of contract includes tort damages.

Accepted Answer

A) True 
 B)False

Question 2

Disclaimer of consequential damages is unlawful in the United States.

Accepted Answer

A) True 
 B)False

Question 3

Parties to a contract agree upon liquidated damages after the contract has been breached.

Accepted Answer

A) True 
 B)False

Question 4

Anticipatory repudiation occurs when one contracting party informs the other that he or she will not perform his or her contractual duties when due.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is used in case of a breach of contract that cannot be adequately compensated through a legal remedy?

Accepted Answer

A)  mitigation of damages
B)  liquidation of damages
C)  equitable remedies
D)  tort remediesE) B) and C)
F) A) and B)

Question 6

Which of the following constitutes material breach?

Accepted Answer

A)  inferior performance
B)  substantial performance
C)  anticipatory repudiation
D)  rescission without notificationE) All of the above
F) A) and B)

Question 7

Which of the following constitutes a case of anticipatory breach?

Accepted Answer

A)  It occurs when a contracting party fails to inform the other party in advance about non-performance of his or her contractual duties when due.
B)  In case of anticipatory breach, nonbreaching party's obligations under the contract are not discharged.
C)  The nonbreaching party must wait till performance is due to sue the breaching party.
D)  Anticipatory breach can be derived from the conduct of the breaching party without being expressly stated by that party.E) B) and C)
F) All of the above

Question 8

To obtain an injunction, the requesting party must show that he or she will suffer irreparable injury if the injunction is not issued.

Accepted Answer

A) True 
 B)False

Question 9

Mitigation of damages is a nonbreaching party's legal duty toward avoiding or reducing damages caused by a breach of contract.

Accepted Answer

A) True 
 B)False

Question 10

Writ of garnishment is an order of the court that enables a government officer to seize property of the breaching party and sell it at auction to satisfy a judgment.

Accepted Answer

A) True 
 B)False

Question 11

________ place the nonbreaching party in the same position as if the contract had been fully performed.

Accepted Answer

A)  Tort damages
B)  Compensatory damages
C)  Nominal damages
D)  Consequential damagesE) B) and D)
F) None of the above

Question 12

Mary buys a new toaster for $500.The toaster's label bears a disclaimer stating that the manufacturer is not liable for consequential damages.On Monday morning, while Mary is using the toaster, it emits sparks and damages the electric wiring in the kitchen.The electrician tells Mary that the toaster malfunctioned and that the cost of repairs in her kitchen would come up to $2, 000.What can Mary recover from the manufacturer of the toaster?

Accepted Answer

A)  $500
B)  $2, 500
C)  $2, 000
D)  No damages can be recovered.E) None of the above
F) B) and C)

Question 13

How are compensatory damages awarded for construction contracts?

Accepted Answer

The compensatory damages recoverable for...

Question 14

As a part of downsizing, Richmond and Sons fired an employee before his employment contract had lapsed.Is the employee obliged to mitigate damages? Explain.

Accepted Answer

If a contract has been breached, the law...

Question 15

A nonbreaching party cannot rescind the contract in the event of a material breach.

Accepted Answer

A) True 
 B)False

Question 16

Kinetosphere Automation Inc.(K.A.) makes a mandatory employment contract with all its employees.The contract states that K.A.'s employees are not to work for any other organization while they are employed by K.A.If K.A.finds an employee who is also serving another company, it can approach the court to obtain a(n) ________ to prevent the employee from working in the other company.

Accepted Answer

A)  restitution
B)  rescission
C)  injunction
D)  subjugationE) A) and C)
F) A) and B)

Question 17

________ is a situation in which a party to a contract renders performance exactly as required by the contract.

Accepted Answer

A)  Substantial performance
B)  Strict performance
C)  Anticipatory repudiation
D)  RestitutionE) All of the above
F) A) and B)

Question 18

Liquidated damages are awarded only if actual damages are precisely determined.

Accepted Answer

A) True 
 B)False

Question 19

The amount of compensatory damages that will be awarded for breach of contract depends on which party breached the contract.

Accepted Answer

A) True 
 B)False

Question 20

________ is an action to undo a contract.

Accepted Answer

A)  Rescission
B)  Recession
C)  Restitution
D)  RetributionE) C) and D)
F) B) and D)

Exam 16: Remedies for Breach of Traditional and E-Contracts

To obtain an injunction, the requesting party must show that he or she will suffer irreparable injury if the injunction is not issued.

Correct Answer
verified

Which of the following is used in case of a breach of contract that cannot be adequately compensated through a legal remedy?

Correct Answer
verified

Mitigation of damages is a nonbreaching party's legal duty toward avoiding or reducing damages caused by a breach of contract.

Correct Answer
verified

Correct Answer
verified

Which of the following constitutes material breach?

Correct Answer
verified

The amount of compensatory damages that will be awarded for breach of contract depends on which party breached the contract.

Correct Answer
verified

As a part of downsizing, Richmond and Sons fired an employee before his employment contract had lapsed.Is the employee obliged to mitigate damages? Explain.

Correct Answer
verified
If a contract has been breached, the law...
View Answer

________ is an action to undo a contract.

Correct Answer
verified

A nonbreaching party cannot rescind the contract in the event of a material breach.

Correct Answer
verified

Parties to a contract agree upon liquidated damages after the contract has been breached.

Correct Answer
verified

Writ of garnishment is an order of the court that enables a government officer to seize property of the breaching party and sell it at auction to satisfy a judgment.

Correct Answer
verified

Disclaimer of consequential damages is unlawful in the United States.

Correct Answer
verified

The recovery for breach of contract includes tort damages.

Correct Answer
verified

________ place the nonbreaching party in the same position as if the contract had been fully performed.

Correct Answer
verified

Correct Answer
verified

Anticipatory repudiation occurs when one contracting party informs the other that he or she will not perform his or her contractual duties when due.

Correct Answer
verified

________ is a situation in which a party to a contract renders performance exactly as required by the contract.

Correct Answer
verified

Which of the following constitutes a case of anticipatory breach?

Correct Answer
verified

Liquidated damages are awarded only if actual damages are precisely determined.

Correct Answer
verified

How are compensatory damages awarded for construction contracts?

Correct Answer
verified
The compensatory damages recoverable for...
View Answer

Exam 16: Remedies for Breach of Traditional and E-Contracts

To obtain an injunction, the requesting party must show that he or she will suffer irreparable injury if the injunction is not issued.

Correct AnswerverifiedShow Answer

Which of the following is used in case of a breach of contract that cannot be adequately compensated through a legal remedy?

Correct AnswerverifiedShow Answer

Mitigation of damages is a nonbreaching party's legal duty toward avoiding or reducing damages caused by a breach of contract.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following constitutes material breach?

Correct AnswerverifiedShow Answer

The amount of compensatory damages that will be awarded for breach of contract depends on which party breached the contract.

Correct AnswerverifiedShow Answer

As a part of downsizing, Richmond and Sons fired an employee before his employment contract had lapsed.Is the employee obliged to mitigate damages? Explain.

Correct AnswerverifiedIf a contract has been breached, the law...View AnswerShow Answer

________ is an action to undo a contract.

Correct AnswerverifiedShow Answer

A nonbreaching party cannot rescind the contract in the event of a material breach.

Correct AnswerverifiedShow Answer

Parties to a contract agree upon liquidated damages after the contract has been breached.

Correct AnswerverifiedShow Answer

Writ of garnishment is an order of the court that enables a government officer to seize property of the breaching party and sell it at auction to satisfy a judgment.

Correct AnswerverifiedShow Answer

Disclaimer of consequential damages is unlawful in the United States.

Correct AnswerverifiedShow Answer

The recovery for breach of contract includes tort damages.

Correct AnswerverifiedShow Answer

________ place the nonbreaching party in the same position as if the contract had been fully performed.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Anticipatory repudiation occurs when one contracting party informs the other that he or she will not perform his or her contractual duties when due.

Correct AnswerverifiedShow Answer

________ is a situation in which a party to a contract renders performance exactly as required by the contract.

Correct AnswerverifiedShow Answer

Which of the following constitutes a case of anticipatory breach?

Correct AnswerverifiedShow Answer

Liquidated damages are awarded only if actual damages are precisely determined.

Correct AnswerverifiedShow Answer

How are compensatory damages awarded for construction contracts?

Correct AnswerverifiedThe compensatory damages recoverable for...View AnswerShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
If a contract has been breached, the law...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The compensatory damages recoverable for...
View Answer