Question 1

How relevant is inability to perform when considering whether a contract was breached?

Accepted Answer

Inability to perform is irrelevant to whether the contract was breached. Breach is determined by simply considering whether the work was done in accordance with the contract. Inability is merely the reason for the breach.

Question 2

Which is the most common remedy for breach of construction contracts?

Accepted Answer

A)  specific performance 
B)  damages 
C)  declaratory order 
D)  injunction 
A)  specific performance 
B)  damages 
C)  declaratory order 
D)  injunction B

Question 3

Where the intentions of the parties are clear from the written contract, a court will not consider additional evidence on the parties' intentions.

Accepted Answer

A) True 
 B)False  True

Question 4

The owner insists that the contractor perform certain work that the contractor claims is not part of the contract. Which of the following is an appropriate course of action for the contractor?

Accepted Answer

A)  perform the disputed work hoping the owner will later agree to pay 
B)  stop work on the entire project unless the owner agrees to pay for the disputed work 
C)  perform all contractual obligations apart from the disputed work 
D)  none of the above 
A)  perform the disputed work hoping the owner will later agree to pay 
B)  stop work on the entire project unless the owner agrees to pay for the disputed work 
C)  perform all contractual obligations apart from the disputed work 
D)  none of the above

Question 5

When will courts prefer the customary or special meaning of a word over its ordinary meaning?

Accepted Answer

The customary or special meani

Question 6

A swimming pool contractor builds a pool with a deep end 11 ft deep, instead of the 12 ft specified in the contract. Would specific performance be ordered? If not, how would damages be calculated?

Accepted Answer

When ordering specific performance, the

Question 7

What is the name of the rule that generally excludes extrinsic evidence when interpreting a contract?

Accepted Answer

A)  contra proferentem 
B)  the contextual approach 
C)  the parol evidence rule 
D)  none of the above 
A)  contra proferentem 
B)  the contextual approach 
C)  the parol evidence rule 
D)  none of the above

Question 8

Because of the doctrine of remoteness, damages will only be awarded for breach of contract if the loss was caused by the breach.

Accepted Answer

A) True 
 B)False

How relevant is inability to perform when considering whether a contract was breached?

Which is the most common remedy for breach of construction contracts?

Where the intentions of the parties are clear from the written contract, a court will not consider additional evidence on the parties' intentions.

The owner insists that the contractor perform certain work that the contractor claims is not part of the contract. Which of the following is an appropriate course of action for the contractor?

When will courts prefer the customary or special meaning of a word over its ordinary meaning?

A swimming pool contractor builds a pool with a deep end 11 ft deep, instead of the 12 ft specified in the contract. Would specific performance be ordered? If not, how would damages be calculated?

What is the name of the rule that generally excludes extrinsic evidence when interpreting a contract?

Because of the doctrine of remoteness, damages will only be awarded for breach of contract if the loss was caused by the breach.

The Canadian Legal System, Regulation of the Professions and Ethical Considerations

Property Law

Business Organizations and Contracts

Selected Contract Issues

Getting to a Contract

Torts, Specific Contracts and Clauses

Common Issues in Contract, Tort, Dispute Resolution and Expert Evidence

Risk, Responsibility, Dispute Avoidance, Insurance, and Bonds

Construction Liens, Delay and Impact Claims

Labour Law and Employment Law

Environmental Law, Health and Safety Law

Aboriginal Law, Securities Law, Internet Law and Privacy Law

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Exam 4: Breach of Contract, Interpreting and Drafting Contracts

How relevant is inability to perform when considering whether a contract was breached?

Which is the most common remedy for breach of construction contracts?

Where the intentions of the parties are clear from the written contract, a court will not consider additional evidence on the parties' intentions.

The owner insists that the contractor perform certain work that the contractor claims is not part of the contract. Which of the following is an appropriate course of action for the contractor?

When will courts prefer the customary or special meaning of a word over its ordinary meaning?

A swimming pool contractor builds a pool with a deep end 11 ft deep, instead of the 12 ft specified in the contract. Would specific performance be ordered? If not, how would damages be calculated?

What is the name of the rule that generally excludes extrinsic evidence when interpreting a contract?

Because of the doctrine of remoteness, damages will only be awarded for breach of contract if the loss was caused by the breach.

The Canadian Legal System, Regulation of the Professions and Ethical Considerations

Property Law

Business Organizations and Contracts

Selected Contract Issues

Getting to a Contract

Torts, Specific Contracts and Clauses

Common Issues in Contract, Tort, Dispute Resolution and Expert Evidence

Risk, Responsibility, Dispute Avoidance, Insurance, and Bonds

Construction Liens, Delay and Impact Claims

Labour Law and Employment Law

Environmental Law, Health and Safety Law

Aboriginal Law, Securities Law, Internet Law and Privacy Law

Filters