Exam 13: Contract Performance Breachapter and Remedies

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Ewa is induced by her guardian Filo to sign a contract to invest funds in Gold Inc. through Filo's investment firm. Unknown to Ewa, Filo realizes a commission from the investment. Most likely, Ewa can rescind the contract on the basis of

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Reese contracts to sell a Spicy Pizza restaurant to Titian. As part of the deal, Reese agrees not to open a competing business within a hundred-mile radius for ten years. Reese later sues Titian, alleging that the agreement is illegal. To enforce the covenant not to compete, the court will most likely

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Jamal and Keri enter into a contract for Jamal to renovate Keri's house by a certain date. Jamal never performs. After the applicable limitations period has passed, Keri decides to bring a suit against Jamal for breach. This suit

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Ordinarily, every party to a contract has a duty to come forward and disclose facts.

(True/False)
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Analytics LLC processes misinterpreted data furnished by Botch Services to propose a marketing plan for Clientele Inc. Analytics and Clientele are both ignorant of the mistaken data. Their contract can be rescinded on the basis of

(Multiple Choice)
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Jet enters into a contract to buy a certain warehouse from Kim. At the closing, Kim refuses to transfer title. In a suit for breach, Jet should seek specific performance to

(Multiple Choice)
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If contracting parties attach materially different meanings to a contract word or term subject to more than one reasonable interpretation, a court may allow the contract to be rescinded.

(True/False)
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The essential feature of undue influence is that a party being taken advantage of suffers from a mental or physical impairment.

(True/False)
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Because value is variable, mistakes of value affect the enforceability of contracts.

(True/False)
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Eugene, an accountant, convinces his client Faye to enter into a contract to invest her savings in Gather, a non-existent social media site. There is clear and convincing evidence that Faye did not act out of her free will. This is

(Multiple Choice)
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Food Court Inc. leases space to Gourmet Café. Gourmet abandons the premises when the amount of the rent due on the lease is $5,000. Food finds a new tenant, Hasty Bowls, which agrees to pay $3,500 for the space over the remainder of Gourmet's term. Food's measure of damages is

(Multiple Choice)
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When a buyer breaches a contract for a sale of land, the seller can recover the difference between the contract price and the market price of the land.

(True/False)
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