Exam 10: Performance and Breach of Traditional and E-Contracts

________ refers to an equitable doctrine that permits the court to rewrite a contract to express the parties' true intentions.

If there has been a mutual mistake, the contract cannot be rescinded.

Which of the following is considered "real property"?

Which of the following is true of monetary damages?

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.

Intentional misrepresentation is considered fraud.

A(n)________ breach of a contract occurs when a party renders inferior performance of his or her contractual obligations.

A material fact is a fact that is irrelevant to the subject matter of a contract but pertains to the conduct of the parties.

The term "scienter" refers to the knowledge that a representation is false or that it was made without sufficient knowledge of the truth.

Which of the following is true of a unilateral mistake?

The ________ says that agents' contracts to sell property covered by the Statute of Frauds must be in writing to be enforceable.

Distinguish between minor breach and material breach.

Which of the following contracts is required to be in writing in most states?

Which of the following does Section 2A-201(1)of the Uniform Commercial Code state?

The doctrine of part performance allows the court to order an oral contract for the sale of land or transfer of another interest in real property to be specifically performed if performance is necessary to avoid injustice.

An ambiguity in a contract may constitute a mutual mistake of a material fact.

The measure of damages awarded to the innocent party for fraud is the difference between the value of the property as represented and the actual value of the property.

________ is an action to undo a contract.

________ refers to the knowledge that a representation is false.

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