Exam 9: The End of the Contractual Relationship

Mr.Jones rented an apartment to Ms.Smith under a one-year tenancy agreement.Ms.Smith abandoned the apartment after three months.Jones located Smith and sued her for breach of contract.Which of the following is the best statement with regard to the damages Jones can recover?

A breaching party is responsible for all lost profits flowing from a breach of contract.

When Mr.George sold his house,he rented an apartment and was forced to store some furniture until he bought another house.He attended the downtown office of Security Warehousing Ltd.and entered into a bailment contract that promised to safeguard the furniture.Four months later,his things were stolen from the warehouse,and when he asked for compensation for his loss,the company admitted it was in breach of contract,but said it was exempt from liability because of an exemption clause posted on the wall of the storage area where George had taken the furniture.The sign read "Not liable for loss due to fire or water." On these facts,which of the following would be his least successful argument to nullify the exemption clause?

Distinguish between a condition precedent and a condition subsequent.

Which of the following is true with regard to ending a contract by agreement?

A term in a contract that says that on the occurrence of a specific event the parties' obligations will end is an example of a

What does it mean when a party has "tendered performance"?

Discuss the equitable remedies that were developed in contract law and why they were necessary.

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

When a contract anticipates some catastrophic event,such as a riot,invasion,earthquake,or flood that will interfere with the performance of the contract,this is referred to as a

"Clean hands" refers to the absence of wrongdoing on the part of a person seeking an equitable remedy.

Which of the following is false with regard to ending contracts and remedies?

Which one of the following statements accurately describes the operation of a condition subsequent?

A breach of warranty allows a victim to sue for damages,but they must go through with their obligations under the contract.

"When the court determines that a breach of contract has taken place,they will award monetary compensation in the form of damages to put the person in the position he would have been in had the contract been properly performed." Discuss the accuracy of this statement.

Courts enforce exemption clauses because it is assumed that they reflect the will of the parties to the contract.

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

A condition precedent is an example of a contract being ended by agreement.

The courts prefer to grant an equitable remedy where a breach of contract has taken place.

Where a developer signs agreements to buy several adjacent properties,and one property owner refuses to go through with the deal,it would be appropriate to obtain a court order for