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Exam 18: Contract Remediespart Iv: Sales

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Question 31

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To fully compensate a plaintiff for losses suffered for a breach of contract, punitive damages are always awarded.

A) True
B) False

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Question 32

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Under the rule in Hadley v.Baxendale , only damages foreseeable at the time of entering into the contract can be recovered.

A) True
B) False

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Question 33

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If the parties to a contract stipulate an amount that will be paid in the event of a breach, the courts will always enforce it.

Damages for reliance include expenses for:

A liquidated damage clause that represents a reasonable approximation of the damages where the actual amount would be very difficult to determine will usually be upheld.

Incidental damages are those that arise directly out of the breach.

In the case of Hadley v.Baxendale , the plaintiff was seeking damages for:

When a breach of contract occurs, the nonbreaching party is required to take reasonable steps to lessen or mitigate the damages that he may sustain.

Courts of equity will grant specific performance of contracts for personal services.

Which of the following is NOT true regarding specific performance?

Marcella pays $12,000 down on a houseboat which Hugh had agreed to sell to her for $64,000.Marcella then repudiates the contract.Hugh sells the houseboat to Lloyd in good faith for $60,000.Marcella may recover from Hugh:

Bonnie has an employment contract with QualNeed Corporation which includes a clause requiring exclusive personal services.  If Bonnie takes on contract work with QualNeed's primary competitor, she is not breaching her agreement, as long as her status remains as an independent contractor with the competitor. ​

Explain consequential damages.Give an example.

Bartow signed a contract to coach baseball for Washington High for a period of three years.After two years he is offered and accepts an assistant coaching position at State University.Contract law will not allow Washington High to ask for:

A contractor and Southampton, Inc.have a contract, which calls for the contractor to build a building with the completion by June 15.If the building is not completed by that date, the contract calls for the contractor to pay $100 per day in damages.The $100 per day is:

A small breach of contract damage amount fixed without regard to the amount of loss is known as:

Restitution can be obtained where a voidable contract is avoided.

Busby contracts to build a house for Connell.Busby finishes approximately half of the house and quits.Connell files suit against Busby.Which remedy is not available?

The majority of states allow the injured party who has been induced to enter into a contract by fraud to recover only "out-of-pocket" damages equal to the difference between the value of what she has received and the value of what she has given for it.

In which of the following situations will a court grant specific performance?