Exam 9: Termination and Enforcement of Contracts

Fatalia is a party to a contract with Juno.She has initiated a claim for damages arising from breach relating the quality of workmanship.What type of breach is involved?

Dana has received a cheque from Storage4U Ltd.compensating her for the theft of her stored property.What type of damages has Dana been compensated for?

A party to a contract erroneously acted on an assumption involving breach of an innominate term.That party is itself now being sued for breach.What was the erroneous action taken by this party?

What will readily allow the judge to make a determination when a court is asked to determine whether the termination of a contract amounts to termination by performance?

Which of the following is synonymous with the phrase "a party who seeks equity must come with clean hands"?

In which of the following situations might a court be inclined to grant an injunction?

Unlike damages in tort law,damages in contract law usually seek to restore the parties to their original position.

Donelle agreed to rent her cottage to Juan for the first two weeks of June.Juan paid Donelle the rent due on May 29 by certified cheque.On the last day in May,a forest fire burned the cottage to the ground.What is the role of the doctrine of frustration with respect to the status of the contract?

An assignment requires the consent of all of the contracting parties.

An assignee is entitled to collect the debt owed under a contract despite not being involved in the creation of the contract that produced the debt.

A clause that excludes or limits liability even for a profoundly serious breach of contract is unenforceable,if it is unconscionable or would be unfair or unreasonable.

A lawyer was negligent in his duties,causing his client to lose her entitlement to ongoing support she needed and was legally entitled to receive.The error remained unresolved,and the client,unable to meet her mortgage commitments,went into foreclosure six months later.In these circumstances,why would the client's new lawyer commence an action including the damages relating to the foreclosure?

Howard received $12 000 of the $39 000 price for his rare,impeccably maintained antique 1976 Jaguar XL from Wyn.Wyn will be able to add the Jaguar to her classic car collection upon payment of the balance,due 30 days from the signing the contract.Prior to that date,Philip paid Howard $45 000 outright in exchange for the Jaguar.What amount of damages could you be reasonably certain of a court awarding to Wyn?

Which of the following is a distinguishing feature of force majeure clauses?

A flood will require mining operations to cease for at least six months.How would a force majeure clause affect the legal status of the miner's obligations relating to its existing supply contracts?

Both parties to the original contract must agree to an assignment for it to be enforceable.

A breach can have the effect of terminating a contract.

Among other things,Genevieve received an award from the court relating to her inability to sleep for 14 months following the collapse of the roof covering a newly built addition to her home.What is the nature of this portion of Genevieve's award?

Identify and briefly described the type and circumstances under which punitive damages are to be awarded as firmly established by the Supreme Court of Canada in the case of Whiten v.Pilot Insurance Co.(2002),209 D.L.R,.(4th)257 (S.C.C.).

Recovery for non-pecuniary damages is not possible in contract law.