Exam 9: Contractual Performance and Breach

Rachel contracted with Steven to cater her wedding for $20,000.Steven failed to deliver on the day of the wedding,which forced Rachel to order food from a restaurant that cost her $30,000.What amount in compensatory damages does Steven owe Rachel?

Complete performance recognizes that a contracting party has fulfilled every duty required by a contract.

How is specific performance used as an equitable remedy for a nonbreaching party to a contract?

When a printed form contract has additional handwritten terms,courts will

Daniel's failure to deliver ice-cream makers and waffle makers on time resulted in a two-week delay in the opening of Sheena's new ice-cream parlor.Sheena incurred a heavy loss since she had to pay the rent for those two weeks as well as salaries to the personnel hired.In this case,which of the following remedies is a court most likely to award Sheena?

What are the options available to nonbreaching parties to a contract when money damages are not satisfactory as a remedy?

Faiza hired Bril Builders Inc.to construct her house.They signed a contract that stated Bril Builders would complete the work in 10 months,and Faiza would pay them in full.If Bril Builders completes the work but misses the date,Faiza has the right to deny the company any payment.

______ is a middle ground between full performance and a breach due to nonperformance.

Oral evidence that changes the meaning of written terms can be given if necessary to prevent fraud.

Which of the following statements is true in cases where only one party drafts a contract that contains terms that appear vague and ambiguous to the other party?

Briefly discuss substantial performance.

Briefly explain commercial impracticability with an example.

If there is evidence that a word used in a contract has a particular trade usage,courts will

______ is a legal term referring to the transfer of possession from the seller to the buyer.

Under the Uniform Commercial Code,a party to a sale-of-goods contract receives discharge from performance because of commercial impracticability.

What are liquidated damages? When will courts not enforce liquidated damages?

A ______ exists when a party to a contract announces that the other party does not have to perform as promised.

Michael signs a contract with Bill to deliver handmade chairs to him.While making the chairs,Michael injures his hand which causes him to default on the delivery.Bill can now sue Michael for breach of contract due to nonperformance.

What is a condition precedent? Briefly explain with examples.

Frank is the fresh produce supplier to Green Valley,an upscale restaurant.He provides the restaurant with imported meat for which he is paid $1,500 per day.One day,Frank fails to deliver the meat due to personal reasons.This causes the restaurant to order from a neighboring city for $2,500.The delay in shipment results in a foreseeable loss of $1,500 in revenue for Green Valley.If Green Valley decides to sue Frank for damages,the court is most likely to award Green Valley with damages in the amount of ______.