Exam 18: Performance and Remediespart Three Sales

If the legal remedies for breach of contract are not adequate to fully remedy a party's injuries,a court has the discretionary right to grant an equitable remedy.

Roy was doing repair work in the apartment of Melinda.He saw a deep crack in the floor but did not repair it at the time.Later while working on the ceiling,his ladder got stuck in the crack,and he injured himself.Which of the following statements is true of damages in this case?

A promisor who is guilty of material breach has no right of action under the contract.

Which of the following is true of anticipatory repudiation?

Emma had contracted with Queen Arts Inc.to perform a ballet.A day before the program,there was a fire and the dance floor was burnt.Hence,Emma could not perform.Since Emma cannot perform her contractual duties,she is liable for material breach.

Rebecca contracted Matthew Properties Inc.to repair her apartment for $20,000.On completion of repairs,Rebecca observed that the garages and the attic had not been repaired.Although the contract stated that Matthew Properties will repair the garage and the attic thoroughly,Rebecca did not raise the issue.She instead made a full payment for the services rendered.In this scenario,Matthew Properties Inc.has been discharged from obligations of repairing the garage and the attic by a(n):

_____ damages are very small damages that the court may award the plaintiff when a technical breach of contract has occurred without causing any actual loss.

If time is not of the essence of a contract,the promisee must accept late performance rendered within a reasonable time of when performance was due.

Anticipatory repudiation can never be implied from actions by the promisor.

Adam contracts to sell Ben 100 widgets for $100,for use in Ben's factory.Adam does not know that Ben's factory is closed as it is waiting for the supply of widgets from Adam.Which of the following statements is true of the damages caused due to late delivery?

Rob's construction firm did not give Casey a certificate,issued by Timothy Engineering Firm,indicating that the work has been completed to satisfaction.Hence,Casey has no duty to pay Rob's firm.

The destruction of items that a promisor intended to use in performing does not excuse nonperformance if substitutes are available.

Explain destruction of subject matter as an impossibility,with an example.Under what circumstance will it not be used as an excuse for nonperformance?

Maxwell Construction built an apartment block for Riverside Inc.Five years later,Riverside sued Maxwell for the leakages in its ceiling.Is this lawsuit valid?

Punitive damages are recoverable for breach of contract.

Which of the following is true about building and construction contracts?

An employee with special skills who has agreed not to work for a competitor may be enjoined from breaching his or her contract and working for that competitor by:

Explain the meaning of discharge in legal terms.Mention the different situations in which a party's duty to perform could be discharged.

Tony contracted to buy wheat from Brown,a farmer.It was contracted that Tony would pay Brown three days after the delivery of the wheat.Brown's delivery would be a(n)_____ of Tony's duty to pay.

Promisors in complete performance contracts who do not completely perform can recover the contract price.