Exam 17: Contract Discharge and Remedies

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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 halt to the project.O'Reilly's contract with Planners & Builders is​ 

(Multiple Choice)
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The injury suffered by a nonbreaching party due to the breach of a contract may be remedied by payment of compensatory damages. 

(True/False)
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Contracts that are executory on both sides can be rescinded by agreement. 

(True/False)
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Specific performance will not be granted unless the party's legal remedy is inadequate. 

(True/False)
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Rough Hewn Lumber Company orally contracts with Joe for the purchase of five acres of Joe's timberland.Joe makes the transfer but Rough Hewn does not pay the price.The lack of a written contract could bar enforcement of this deal.If so,Joe could most likely recover on a theory of​ 

(Multiple Choice)
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Rescission is an equitable remedy used when the parties have imperfectly expressed their agreement in writing. 

(True/False)
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Hybrid Corporation enters into a contract with Insure Service,Inc.(ISI),to obtain health insurance for Hybrid employees.If ISI breaches the contract and Hybrid is awarded compensatory damages,the purpose would be to​ 

(Multiple Choice)
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Gliding Light,LLC,and Hang Gliders,Inc.,are parties to a contract.They subsequently agree that High Riders Inc.should take Gliding Light's place and assume all of its rights and duties under the contract.This is​ 

(Multiple Choice)
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Expenses that are caused directly by a breach of contract-such as those incurred to obtain performance from another source-are compensatory damages. 

(True/False)
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Earl holds 1,000 pounds of perishable fruit in storage for Fresh Food Corporation.Fresh Food does not pay for the storage.Earl sells the fruit to Green Grocers,Inc.This sale represents​ 

(Multiple Choice)
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A novation requires the existence of a previous,valid obligation. 

(True/False)
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Rig Heli-Pads,Inc.,enters into a contract to employ Scott as an on-site project manager for two years.If Rig breaches the contract,Scott has a duty to​ 

(Multiple Choice)
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Home Delivery Corporation and Interstate Transport,Inc.,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 estimate but approximately $1,000." This is​ 

(Multiple Choice)
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Contractors Service,Inc.,enters into a contract to build a restaurant for Dierdre's Soup Spoons Bistro with Dierdre's payment due on August 1.On August 1,her bank is closed,and for this reason,she claims that she cannot pay on time.In this situation​ 

(Multiple Choice)
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Subjective impossibility of performance can discharge a contract. 

(True/False)
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Omar and Penn want to discharge their contract by executing a new agreement with performance different from what they originally promised.They can best accomplish this by​ 

(Multiple Choice)
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A breach of contract entitles the nonbreaching party to sue for monetary damages. 

(True/False)
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Quest Resources,Inc.,contracts with Ring Communications Corporation (RCC)for RCC to design and build an all-weather communications system for Quest's field operations.RCC builds the system,but it functions effectively only in good weather.Is this a breach of the contract? If so,what remedies does Quest have?​

(Essay)
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Drainage & Irrigation Equipment,Inc.,contracts to sell its assets to Earth & Sky Aquatic Corporation.Before either party has performed,rescission of this contract requires​ 

(Multiple Choice)
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Carol enters into a contract to hire Joanne to paint a portrait of Carol's favorite cat.Joanne agrees to do the portrait to Carol's satisfaction for $100.When Joanne finishes the portrait,Carol announces that she is not satisfied with the portrait because it does not look like her cat.Carol​ 

(Multiple Choice)
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