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

George,an employee,breaches a fixed-term employment contract by quitting before the end of the term.What can his employer,MNO Inc.,recover as damages?

When,generally,are equitable remedies available?

In connection with a contract,what is rescission?

When an employer breaches an employment contract,if the employer offers substitute employment to the employee,the doctrine of mitigation places a duty on the employee to accept the work so long as the employee is capable of doing the work.

What distinguishes an anticipatory breach from other breaches?

Liquidated damages will be invalidated if they are unreasonably large or small.

Reformation permits the court to order the breaching party to perform the acts promised in the contract.

Specific performance is the most common remedy for a breach of contract.

A breach of a contract cannot occur until the time for performance of the duty in question.

Specific performance is usually available for the buyer in contracts for the sale of land.

Assume that a car owner contracts with a mechanic to have his engine overhauled.The mechanic mistakenly used original equipment quality piston rings in doing the overhaul,whereas the contract had called for the use of premium-quality rings that are better than original equipment quality.Which of the following is true?

Specific performance is the primary remedy used to make a party live up to his/her obligations under a personal services contract.

Which of the following is true about rescission and restitution?

Tender of performance is another term for completion of performance.

When the other party commits an anticipatory breach,the nonbreaching party:

Which of the following is not a characteristic of consequential damages?

The general standard to obtain an injunction is that the party seeking the injunction would suffer irreparable injury without the injunction.

When a court orders specific performance,it:

Betty is retired and works on antique cars as a hobby,sometimes working on those belonging to others,and sometimes on cars that she purchases and restores for resale.Betty has a 1965 Ford Mustang on which she has completed the mechanical and exterior restoration.She has not yet begun the restoration of the interior,which needs a lot of work.Betty needs some money quickly,so she advertises the Mustang for $13,000.Bob looks at it and enters into a written contract at $12,500.Bob then offers to pay Betty $2,300 to complete the interior restoration.They agree,with the work to begin in 2 months and take about three months to complete.Betty changes her mind about selling the car.Can Bob get specific performance for these two contracts?

A contractor is generally entitled to recover any lost profits on a contract breached by the client.