Exam 18: Performance and Remediespart Three Sales

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Kids' Corner,a toy store,ordered a supply of stuffed toys from Toyland Inc.The toys were supposed to be delivered on the 1st of December but were sent to Kids' Corner on the 5th of December.There has been a(n)_____ of contract.

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C

Under the commercial frustration doctrine,performance is excused when:

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C

The time limit set by the Uniform Commercial Code statute of limitations for contracts involving the sale of goods is _____ from the time the goods are tendered.

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A

Plaintiffs who have been injured by a breach of contract:

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The duty to mitigate damages:

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Tim and Sam entered into a bilateral contract that does not state a time for performance.In this case,the law infers that each party's performance is a:

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_____ damages are not recoverable unless the defendant had reason to foresee them at the time the contract was created.

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Which of the following is true of discharge of contracts?

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If an event must occur before a party's duty to perform arises,it is called a condition precedent.

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A party suing for breach of contract who has suffered actual losses as a result of the breach is entitled to recover _____.

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A mandatory injunction:

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The doctrine of substantial performance applies when a promisor willfully fails to completely perform his duties.

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Martha entered into a contract with Terry,an art dealer.According to the contract,Terry was to supply 18th century artifacts to Martha for the play she was directing,and Martha was ready to pay $50,000 for this.Another director needed the same artifacts and was ready to pay $60,000.Terry decided not to sell the artifacts to Martha.In this case,the court may order Terry to:

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A liquidated damage provision will be enforced when:

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Punitive damages:

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Which of the following statements is true about discharge by alteration?

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Conditions in contracts:

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Injunctions are:

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Logan,a farmer,had agreed to supply corn to Roxy Inc.Unfortunately,his crops wilted due to extreme temperatures.Roxy Inc.decided to terminate its agreement as he could not find suitable substitutes for the crops.However,Logan can be excused for nonperformance on grounds of:

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Consequential damages:

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