Exam 18: Contract Remedies

Howard needs a truck to pull a 2,000-pound trailer. Gordon tells Howard, "My truck will pull a 2,000-pound trailer with ease." Relying on Gordon's statement, Howard buys the truck, but it will not pull a 2,000-pound trailer. If Gordon did not intend to deceive and Howard sues for nonfraudulent misrepresentation, he can recover:

Restitution involves a return of consideration or its value to the aggrieved party.

Which of the following is correct with respect to election of remedies?

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

Even if a party has the power to avoid a contract for lack of capacity, duress, or undue influence, the party will lose that power by affirming the contract.

The return to the aggrieved party of the consideration, or its value, which he gave to the other party is:

If Kenneth signs an employment contract for one year but is fired without cause after two months and spends $500 in reasonable fees trying to find a comparable job, he may recover $500 in incidental damages.

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 to her?

Lost profits can never be recovered as damages since they are speculative and cannot be established with reasonable certainty.

Restitution is available as an alternative remedy for a party's repudiation of the contract.

Vladimir entered into a contract to buy Daniel's collection of rare stamps. Vladimir mailed payment of $10,000 for the stamps to Daniel, but now Daniel tells Vladimir, "I'll never part with these stamps." Are the remedies of restitution and specific performance available to Vladimir?

An employee's promise of providing ordinary personal services may be enforced by an injunction against serving another employer.

The expectation interest is protected by the contract remedy of:

Lynne agrees to buy Harriette's farm for $100,000 and puts $20,000 down. Then Lynne learns she is allergic to hay and repudiates the contract. If Harriette can sell the farm one month later for $90,000, she may:

If a liquidated damage provision is found to be unenforceable, the injured party loses any remedy for breach of contract.

What Article of the UCC governs sales of goods?

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 coach position at State University. Contract law will not allow Washington High to ask for:

Damages for reliance include expenses for:

Carolyn agrees to sell Marianne an antique handmade lace tablecloth for $1,500. When Carolyn discovers that her cousin wants it too, she breaks the contract with Marianne. Marianne can ask the court to order:

Barbara, an antique dealer, intentionally represents the value of an antique chest of drawers, as $6,000 when she has reason to know the value is considerably less. Margaret agrees to buy it for $5,500. It is worth $2,500. In a state that uses the "benefit-of-the-bargain" rule, Margaret's damage award would be: