Question 1

Tufts and McDougal were having an argument about the law regarding performance of a contract.Which one of the following statements of theirs is correct?

Accepted Answer

A) If Jed has to pay $500 to his mechanic,he can pay the whole debt in dimes and the mechanic has to take them. 
B) If Jed owes the mechanic $500,a cheque is as good as cash in law even if the mechanic said he wouldn't take a cheque. 
C) If Jed shows up with cash for the mechanic on the day and at the place designated in the contract,and the mechanic refuses to take it for some reason,Jed doesn't ever have to pay him. 
D) If Roscoe tries to deliver lumber to Jed in accordance with their contract and Jed doesn't take delivery of it,Roscoe can sue Jed for breach of contract without ever trying to deliver it again. 
E) If Joan owes a $500 debt due on a specific date,she doesn't have to pay until the creditor seeks her out for payment. 
A) If Jed has to pay $500 to his mechanic,he can pay the whole debt in dimes and the mechanic has to take them. 
B) If Jed owes the mechanic $500,a cheque is as good as cash in law even if the mechanic said he wouldn't take a cheque. 
C) If Jed shows up with cash for the mechanic on the day and at the place designated in the contract,and the mechanic refuses to take it for some reason,Jed doesn't ever have to pay him. 
D) If Roscoe tries to deliver lumber to Jed in accordance with their contract and Jed doesn't take delivery of it,Roscoe can sue Jed for breach of contract without ever trying to deliver it again. 
E) If Joan owes a $500 debt due on a specific date,she doesn't have to pay until the creditor seeks her out for payment.

Question 2

Which of the following is false with regard to remedies for breach of contract?

Accepted Answer

A) The victim of a breach cannot recover damages that he could have avoided if he had tried to mitigate his loss. 
B) If the court holds that the liquidated damages clause in the contract is an honest attempt to estimate damages,the amount stated will be forfeited to the victim of the breach,even if he suffered no loss in fact. 
C) As a general rule,a person who breaches a contract is liable for all of the foreseeable loss that directly and naturally flows from the breach. 
D) Damages are awarded by the court to a person who has suffered loss because of a breach of a condition of the contract,but are not awarded for a breach of a warranty. 
E) A person who disobeys a court order (e.g.,an order for specific performance)can be cited for contempt of court. 
A) The victim of a breach cannot recover damages that he could have avoided if he had tried to mitigate his loss. 
B) If the court holds that the liquidated damages clause in the contract is an honest attempt to estimate damages,the amount stated will be forfeited to the victim of the breach,even if he suffered no loss in fact. 
C) As a general rule,a person who breaches a contract is liable for all of the foreseeable loss that directly and naturally flows from the breach. 
D) Damages are awarded by the court to a person who has suffered loss because of a breach of a condition of the contract,but are not awarded for a breach of a warranty. 
E) A person who disobeys a court order (e.g.,an order for specific performance)can be cited for contempt of court.

Question 3

The victim of a breach cannot recover damages that he could have avoided if he had made a reasonable effort.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following is false with regard to remedies for breach of contract?

Accepted Answer

A) Damages are awarded for a breach of a condition (essential term),but not for a breach of a warranty (non-essential term). 
B) The amount of damages to be given to the victim of the breach depends on the knowledge of the party who breached the contract.Knowledge includes imputed and actual knowledge. 
C) The victim of a breach cannot recover damages that he could have avoided if he had tried to mitigate his loss. 
D) An injunction is the proper remedy to stop a person from doing something that he had promised in the contract not to do (e.g.,not to compete,not to disclose secrets,etc.). 
E) Specific performance is an equitable remedy forcing a person to comply with the terms of the contract. 
A) Damages are awarded for a breach of a condition (essential term),but not for a breach of a warranty (non-essential term). 
B) The amount of damages to be given to the victim of the breach depends on the knowledge of the party who breached the contract.Knowledge includes imputed and actual knowledge. 
C) The victim of a breach cannot recover damages that he could have avoided if he had tried to mitigate his loss. 
D) An injunction is the proper remedy to stop a person from doing something that he had promised in the contract not to do (e.g.,not to compete,not to disclose secrets,etc.). 
E) Specific performance is an equitable remedy forcing a person to comply with the terms of the contract.

Question 5

Which of the following statements is true with respect to the law of damages?

Accepted Answer

A) Damages are intended to punish the wrongdoer for breaching the contract. 
B) Damages are awarded for a breach of a condition but not for a breach of warranty. 
C) If a contract contains a liquidated damages clause,the party who has breached the contract has agreed to pay to the party wronged an amount equal to all the loss that directly and naturally flows from the breach. 
D) Damages are an order from the court for the breaching party to perform the contract as he or she agreed to do. 
E) A deposit may be an amount of money a party to a contract agrees to forfeit if he or she breaches the contract. 
A) Damages are intended to punish the wrongdoer for breaching the contract. 
B) Damages are awarded for a breach of a condition but not for a breach of warranty. 
C) If a contract contains a liquidated damages clause,the party who has breached the contract has agreed to pay to the party wronged an amount equal to all the loss that directly and naturally flows from the breach. 
D) Damages are an order from the court for the breaching party to perform the contract as he or she agreed to do. 
E) A deposit may be an amount of money a party to a contract agrees to forfeit if he or she breaches the contract.

Question 6

"In contract law,warranty is a promise by the manufacturer of a product to be responsible to make repairs on that product,if it's defective." Discuss the accuracy of this statement.

Accepted Answer

The statement is inaccurate.A warranty i

Question 7

In which of the following is the contract not ended by agreement?

Accepted Answer

A) The event contained in the condition subsequent provision of the contract has happened. 
B) Randy visited Terry two weeks after the contract was formed but one month before the performance date to say he wouldn't do it.Terry had already paid Randy for the work.After hearing Randy's story,Terry said,"Just forget it,good bye and good luck." 
C) Sean hired two students to do a market survey for him for $3000.Before the students had begun the work,they both received offers for full-time jobs.They told Sean they wanted out of the contract.Sean said,"Ok,I'm short of cash anyway." 
D) Goode contracted to sell his pony to Reston.Goode then changed his mind and told Reston he didn't want to sell the pony but would give him two lambs instead.Reston agreed to the substitutes. 
E) After party A of the contract paid,party B said he couldn't perform.Party A agreed to waive B's obligation if B would return the money paid to him.B agreed. 
A) The event contained in the condition subsequent provision of the contract has happened. 
B) Randy visited Terry two weeks after the contract was formed but one month before the performance date to say he wouldn't do it.Terry had already paid Randy for the work.After hearing Randy's story,Terry said,"Just forget it,good bye and good luck." 
C) Sean hired two students to do a market survey for him for $3000.Before the students had begun the work,they both received offers for full-time jobs.They told Sean they wanted out of the contract.Sean said,"Ok,I'm short of cash anyway." 
D) Goode contracted to sell his pony to Reston.Goode then changed his mind and told Reston he didn't want to sell the pony but would give him two lambs instead.Reston agreed to the substitutes. 
E) After party A of the contract paid,party B said he couldn't perform.Party A agreed to waive B's obligation if B would return the money paid to him.B agreed.

Question 8

Craig ordered a new car and was required to pay a $500 deposit.Which of the following is correct with respect to that deposit if it is to be non-refundable?

Accepted Answer

A) If no deposit had been paid,there could be no contract. 
B) The deposit must be an honest attempt by the parties to pre-estimate damages in the event of a breach. 
C) If the court feels that the damages exceed the deposit,they will order the breaching party to pay any difference. 
D) The deposit must be a fair reflection of the loss actually suffered. 
E) A down-payment is an amount of money to be forfeited if either party is in breach of contract. 
A) If no deposit had been paid,there could be no contract. 
B) The deposit must be an honest attempt by the parties to pre-estimate damages in the event of a breach. 
C) If the court feels that the damages exceed the deposit,they will order the breaching party to pay any difference. 
D) The deposit must be a fair reflection of the loss actually suffered. 
E) A down-payment is an amount of money to be forfeited if either party is in breach of contract.

Question 9

A deposit must be returned if no damage has taken place.

Accepted Answer

A) True 
 B)False

Question 10

Explain how a fundamental breach affects the application of an exemption clause.

Accepted Answer

A fundamental breach is a breach that's

Question 11

An injunction involves a court order to do something (to perform the contract),whereas specific performance usually involves an order to refrain from some offensive conduct.

Accepted Answer

A) True 
 B)False

Question 12

Which one of the following does not terminate a contract?

Accepted Answer

A) The buyer and seller agree orally to cancel their contract when neither one has performed his obligations under it. 
B) Minnie and Mickey agree that Minnie will take less than the amount Mickey owes as full payment of his debt,and Mickey will pay her two days early. 
C) Twain had contracted to build a model of a proposed building for architects who were to meet with their clients on March 10.The model was destroyed the night of March 9 when a car left the road and crashed into the workshop and destroyed the model. 
D) Fred no longer wants to honour his contract to sell Mitra his printer but tells Mitra he'll substitute a $500 boat.Mitra agrees. 
E) When Ben's new car is delivered,the seats are cloth rather than leather as ordered. 
A) The buyer and seller agree orally to cancel their contract when neither one has performed his obligations under it. 
B) Minnie and Mickey agree that Minnie will take less than the amount Mickey owes as full payment of his debt,and Mickey will pay her two days early. 
C) Twain had contracted to build a model of a proposed building for architects who were to meet with their clients on March 10.The model was destroyed the night of March 9 when a car left the road and crashed into the workshop and destroyed the model. 
D) Fred no longer wants to honour his contract to sell Mitra his printer but tells Mitra he'll substitute a $500 boat.Mitra agrees. 
E) When Ben's new car is delivered,the seats are cloth rather than leather as ordered.

Question 13

Harry agreed to make a new violin for Ted at a particularly attractive price.Before he finished crafting it,however,an opportunity arose to work as a salesman for Joe's Fine Cars.Since it was clear that he could never make a living as a violin maker,he took the job and refused to finish the violin for Ted.Which of the following is the appropriate remedy in these circumstances?

Accepted Answer

A) Specific performance 
B) Damages 
C) Injunction 
D) No remedy 
E) Rescission 
A) Specific performance 
B) Damages 
C) Injunction 
D) No remedy 
E) Rescission

Question 14

Indicate three different types of equitable remedies and distinguish among them.

Accepted Answer

1.Specific performance.Here the court or

Question 15

If a contractor has agreed to build a house with payment due upon completion of the job and refuses to continue after completing half,he will not be successful in claiming compensation for what he has done.

Accepted Answer

A) True 
 B)False

Question 16

Explain what is meant by an accounting as a remedy in contract law.

Accepted Answer

The accounting is a remedy whereby the c

Question 17

Lack of financial ability,if proven,will establish frustration.

Accepted Answer

A) True 
 B)False

Question 18

The case of Sail Labrador Ltd.v.Challenger One (The)involved an option to purchase and a breach of a contract that was inconsequential and immediately corrected.What did the Supreme Court of Canada hold?

Accepted Answer

A) The contract had been substantially performed and the option was still available. 
B) The breach,although minor,rendered the contract unenforceable. 
C) The breach,although minor,rendered the contract voidable at the option of the non-breaching party. 
D) The contract had not been perfectly performed,so the contract was void. 
E) No breach can be considered inconsequential at law. 
A) The contract had been substantially performed and the option was still available. 
B) The breach,although minor,rendered the contract unenforceable. 
C) The breach,although minor,rendered the contract voidable at the option of the non-breaching party. 
D) The contract had not been perfectly performed,so the contract was void. 
E) No breach can be considered inconsequential at law.

Question 19

Specific performance involves a court order to do something (to perform the contract),whereas a(n)________ usually involves an order to refrain from some offensive conduct.

Accepted Answer

A) injunction 
B) damages award 
C) equitable remedy 
D) quantum meruit award 
E) limitation period 
A) injunction 
B) damages award 
C) equitable remedy 
D) quantum meruit award 
E) limitation period

Question 20

The purpose of damages in contract law is to put the victim in the position he would have been in had the contract been properly performed.

Accepted Answer

A) True 
 B)False

Tufts and McDougal were having an argument about the law regarding performance of a contract.Which one of the following statements of theirs is correct?

Which of the following is false with regard to remedies for breach of contract?

The victim of a breach cannot recover damages that he could have avoided if he had made a reasonable effort.

Which of the following is false with regard to remedies for breach of contract?

Which of the following statements is true with respect to the law of damages?

"In contract law,warranty is a promise by the manufacturer of a product to be responsible to make repairs on that product,if it's defective." Discuss the accuracy of this statement.

In which of the following is the contract not ended by agreement?

Craig ordered a new car and was required to pay a $500 deposit.Which of the following is correct with respect to that deposit if it is to be non-refundable?

A deposit must be returned if no damage has taken place.

Explain how a fundamental breach affects the application of an exemption clause.

An injunction involves a court order to do something (to perform the contract),whereas specific performance usually involves an order to refrain from some offensive conduct.

Which one of the following does not terminate a contract?

Indicate three different types of equitable remedies and distinguish among them.

If a contractor has agreed to build a house with payment due upon completion of the job and refuses to continue after completing half,he will not be successful in claiming compensation for what he has done.

Explain what is meant by an accounting as a remedy in contract law.

Lack of financial ability,if proven,will establish frustration.

The case of Sail Labrador Ltd.v.Challenger One (The)involved an option to purchase and a breach of a contract that was inconsequential and immediately corrected.What did the Supreme Court of Canada hold?

Specific performance involves a court order to do something (to perform the contract),whereas a(n)________ usually involves an order to refrain from some offensive conduct.

The purpose of damages in contract law is to put the victim in the position he would have been in had the contract been properly performed.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: The Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence,Professional Liability,and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 9: The End of the Contractual Relationship

Tufts and McDougal were having an argument about the law regarding performance of a contract.Which one of the following statements of theirs is correct?

Which of the following is false with regard to remedies for breach of contract?

The victim of a breach cannot recover damages that he could have avoided if he had made a reasonable effort.

Which of the following is false with regard to remedies for breach of contract?

Which of the following statements is true with respect to the law of damages?

"In contract law,warranty is a promise by the manufacturer of a product to be responsible to make repairs on that product,if it's defective." Discuss the accuracy of this statement.

In which of the following is the contract not ended by agreement?

Craig ordered a new car and was required to pay a $500 deposit.Which of the following is correct with respect to that deposit if it is to be non-refundable?

A deposit must be returned if no damage has taken place.

Explain how a fundamental breach affects the application of an exemption clause.

An injunction involves a court order to do something (to perform the contract),whereas specific performance usually involves an order to refrain from some offensive conduct.

Which one of the following does not terminate a contract?

Indicate three different types of equitable remedies and distinguish among them.

If a contractor has agreed to build a house with payment due upon completion of the job and refuses to continue after completing half,he will not be successful in claiming compensation for what he has done.

Explain what is meant by an accounting as a remedy in contract law.

Lack of financial ability,if proven,will establish frustration.

The case of Sail Labrador Ltd.v.Challenger One (The)involved an option to purchase and a breach of a contract that was inconsequential and immediately corrected.What did the Supreme Court of Canada hold?

Specific performance involves a court order to do something (to perform the contract),whereas a(n)________ usually involves an order to refrain from some offensive conduct.

The purpose of damages in contract law is to put the victim in the position he would have been in had the contract been properly performed.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: The Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence,Professional Liability,and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters