Exam 10: Contract Performance, Breach, and Remedies

Pico, a famous chef, agrees to give ten culinary les-sons to Rhoda in exchange for $1,200. Pico's attempt to transfer his contract duties to Sven, an unknown sous-chef, will probably be​

Ilene and Jerry enter into a contract under which Ilene agrees to provide grounds keeping services for Jerry's Family Fun Center. Under an anti-delegation clause, the contract can prohibit and prevent the transfer of​

A party seeking to recover compensatory damages can also recover incidental damages.

Compensatory damages compensate a party injured by a breach of contract by punishing the party that breached the contract.

Opportunity Market Company (OMC) and Pierce enter into a contract for Pierce to cut and trim the landscaping around OMC's building before a meeting of the company's sales staff. When Pierce's schedule conflicts, he asks Rachel to do the cutting and trimming. This transfer of duties is​

Both intended and incidental beneficiaries acquire legal rights in a contract.

​Bea takes out a life insurance policy with Vida Insurance Corporation that names her spouse Wendell as the beneficiary. This is

Copper Conduit, Inc., and Dependable Electric Company sign an agreement that provides for the payment of "$1,000 by whichever party commits a material breach of the contract that creates damages difficult to esti-mate but approximately $1,000." This is​

​Isabel orally agrees to buy a unique collection of nineteenth-century cowboy memorabilia for $10,000 from Jessie and sends $2,500 as a down payment. When Isabel pays the rest of the price, Jessie refuses to ship the collection. Isabel should seek

An intended beneficiary can sue directly to enforce a promisor's promise.

A material breach occurs when performance is substantial, but not complete.

Nominal damages are designed to punish a wrongdoer and set an example to deter similar conduct in the future.

Restitution involves one party's recapture of a benefit through which another party has been unjustly enriched.

Hilda signs a contract with Indemnity Insurance Company that intentionally confers a benefit on Hilda's daughter Jackie as the designated beneficiary. Jackie's rights under the contract will vest

Dry Gulch Farms hires Elliot to repair its irrigation system on site on a certain date for $2,500, but Elliot does not show up as agreed. Dry Gulch hires Fernando to do the job for $2,000. Dry Gulch may recover from Elliot​

Planners & Builders, Inc., enters into a contract with O'Reilly to refurbish a garage on his property as an auto repair shop. O'Reilly's neighbor Nora challenges the project as a violation of the local zoning laws. A court orders a permanent halt to the project. O'Reilly's contract with Planners & Builders is

Consequential damages are awarded for damage caused by special circumstances beyond a contract itself.

A contract between Laser Maintenance, Inc., and Medical Vision Operation Corporation contains a clause stating that any assignment is "void." This ordinarily prohibits​

A contract is substantially performed when performance creates substantially the same benefits as those promised in the contract.

Reformation is an equitable remedy used when the parties have imperfectly expressed their agreement in writing.