Exam 4: Enforcing Contractual Obligations

Sam agreed to purchase and Joe agreed to sell a brand new Chrysler 300M that was displayed in the showroom of Joe's Fine Cars.But instead of delivering the car to Sam, Joe sold it to another customer who offered him more money.Which of the following is the appropriate remedy in these circumstances?

An 80-year-old woman signed, in the presence of a solicitor, a contract for land by which she sold property to her daughter.She later asked the court to set the contract aside on the grounds of non est factum (mistake) and undue influence.Which of the following is true with regard to these grounds for the contract?

If a warranty in a contract is breached, what rights does the non-breaching party to that contract have?

Which of the following is true with regard to ending a contract by performance, agreement, frustration, or breach?

For a contract to be ended by agreement, there must be consideration as well as agreement on both sides.

Which of the following statements is correct with respect to breach of contract?

When a person informs you before performance is due that he or she is not going to perform the contract, you don't have to wait to see if he or she does perform; you can make other arrangements and sue right away.

Which of the following is false with regard to privity of contract and assignments?

A fraudulent misrepresentation that induces another person to enter into a contract can result in which of the following remedies?

Indicate under which circumstances the remedy of rescission may not be available.

Joe paid Sam a debt owed of $50 000 by giving him 10 000 $5 bills.Sam refused to accept the payment.Explain this legal position.

Undue influence takes place when one person uses violence to force another to enter into a contract.

Where the misrepresentation is innocent, explain the remedies available to the victim.

What are liquidated damages?

Kassem is a real estate agent with his own firm.Because his agency is new in a competitive field, he hired the company of Barrett and Barrett Ltd.to advise on an advertising strategy and to design newspaper ads and brochures.Jack Barrett, senior employee, was handling the market research, and the employee Armstrong was doing the illustrations.When the work was complete, the ads went to press; unfortunately, after the printing, it was discovered that in all of the ads and in every brochure, "Kassem" was spelled "Kassim." Armstrong had made the mistake in his copy.On these facts, which of the following is true?

With regard to damages, which of the following is false?

Mr.Jans owned a small building with four offices upstairs and a restaurant on the main floor.Jans contracted with a company, Signs Limited, to construct a sign indicating the names of his tenants and their room numbers.The sign was created and installed by John Monet, an employee of Signs Limited.Signs Limited assigned $500 of the $700 contract price to Ms.Franz, its landlord, when she called and pressed for the rent.Ms.Franz gave notice of the assignment in writing to Jans.Read the following statements, independently of one another, and indicate which is the true statement.