Exam 18: Performance and Remedies

Nina breached a contract between Milo and her,but not so materially.This means that Milo can:

When a promisee who has an existing claim agrees with the promisor that he will accept some performance different from that which was originally agreed on,both parties can use the remedy of:

There is prescribed formal language that must be used to create an express condition as part of a contract.

When a person whose duty is conditional leads the other party to rely on his noninsistence on the condition,the condition will be excused because of  ________.

Ms.White is contracted by Mr.Green to make her "world famous" apple pies.Ms.White has an accident,falls into a coma and the pies are not delivered to Mr.Green by the time stated in the contract.Ms.White will be considered in breach of her contract to Mr.Green.

The substantial performance standard is more lenient than the strict performance standard of judicial contract legal interpretation.

For which of the following contracts,is a party's subjective dissatisfaction sufficient to excuse his performance under a "personal satisfaction" clause in a contract?

Which of the following are also called special damages?

In a contract for Adam to sell Carrie a steam boiler,Carrie's obligation to pay is conditioned upon her personal satisfaction with the boiler.Even though the boiler meets every mechanical test imaginable,Carrie refuses to pay because she just does not like the boiler for some reason.She is not obligated to pay,because the contract said that he must be personally satisfied,and a contract is a contract.

Which of the following is subject to the "substantial performance" standard in the absence of an express condition?

Which of the following statements about commercial impracticability is true?

When a promisor's performance is an express condition of the promisee's duty to perform,that performance must meet a strict performance standard.

Mr.Green contracts with Mr.Brown to repair his roof.Mr.Brown is about 75% done when the deadline of the contract occurs.Which legal standard would prevent Mr.Brown from being considered to be in breach of his agreement with Mr.Green?

If Jack promises to unload landscaping rock from Harry's truck,the truck's arrival would be a(n)________ of Jack's duty to unload the rock.

A contract is ________ when each party's performance can be divided in two or more parts and each part is exchanged for some corresponding consideration from the other party.

Upon ________,each party who has been benefited by the other's performance must compensate the other for the value of the benefit conferred.

Which of the following allows a party who has materially breached a contract to recover the reasonable value of any benefits he has conferred on the promisee?

Which of the following promises is subject to the "strict performance" standard? Assume that performance of the promise is not an express condition of the promisee's duty to perform.

When a person owes an unconditional duty to another,then he/she must perform it unless the performance is excused.

A party cannot recover for losses that he could have avoided without undue risk,burden,or humiliation.This is an example of: