Question 1

Injunctions are:

Accepted Answer

A) never used to compel specific performance. 
B) not a form of equitable relief,which is granted depending on the equities of a case. 
C) used to compel personal service,like specific performance. 
D) available when a breach of contract threatens to produce an irreparable injury. 
A) never used to compel specific performance. 
B) not a form of equitable relief,which is granted depending on the equities of a case. 
C) used to compel personal service,like specific performance. 
D) available when a breach of contract threatens to produce an irreparable injury.

Question 2

Rob contracted to play football for the United Lions in May 2007.However,he had an accident and he died.His death will terminate his contract.

Accepted Answer

A) True 
 B)False

Question 3

In which of the following situations can a party's duty to perform be discharged?

Accepted Answer

A) Statutes and legislation that make a performance more difficult. 
B) When something that is essential to the promisor's performance is destroyed through no fault of the promisor but its substitute is available. 
C) When events occur after the formation of the contract that would make the return performance of the other party worthless to the promisor. 
D) When the promisor impliedly assumed the risk that the event would occur. 
A) Statutes and legislation that make a performance more difficult. 
B) When something that is essential to the promisor's performance is destroyed through no fault of the promisor but its substitute is available. 
C) When events occur after the formation of the contract that would make the return performance of the other party worthless to the promisor. 
D) When the promisor impliedly assumed the risk that the event would occur.

Question 4

Rebecca contracted Matthew Properties to repair her apartment for $20,000.Matthew Properties repaired the apartment and handed it over to her.She saw that the garages and the attic had not been properly worked upon.She filed a suit against them but the court said that Matthew Properties had been discharged from obligations by a(n):

Accepted Answer

A) statute of limitations. 
B) waiver. 
C) occurrence of condition subsequent. 
D) altercation. 
A) statute of limitations. 
B) waiver. 
C) occurrence of condition subsequent. 
D) altercation.

Question 5

An award for loss in value of a promised performance is:

Accepted Answer

A) nominal. 
B) punitive. 
C) liquidated. 
D) compensatory. 
A) nominal. 
B) punitive. 
C) liquidated. 
D) compensatory.

Question 6

Consequential damages:

Accepted Answer

A) occur when the special circumstances of the plaintiff cause him to suffer losses that would not ordinarily be foreseeable as a result of breach. 
B) are usually recoverable unless the defendant had reason to foresee them at the time the contract was created. 
C) are measured by the loss in value of the promised performance. 
D) are not limited to losses that would occur as a result of breach of contract. 
A) occur when the special circumstances of the plaintiff cause him to suffer losses that would not ordinarily be foreseeable as a result of breach. 
B) are usually recoverable unless the defendant had reason to foresee them at the time the contract was created. 
C) are measured by the loss in value of the promised performance. 
D) are not limited to losses that would occur as a result of breach of contract.

Question 7

Maxwell construction made an apartment block for Riverside.After 5 years of the construction Riverside sued Maxwell for the leakages in its ceiling.Is this lawsuit valid?

Accepted Answer

Courts have long refused to allow people

Question 8

The time limit set by the UCC statute of limitations for contracts involving the sale of goods is:

Accepted Answer

A) four years. 
B) five years. 
C) ten years. 
D) twenty years. 
A) four years. 
B) five years. 
C) ten years. 
D) twenty years.

Question 9

Anticipatory repudiation may never be implied.

Accepted Answer

A) True 
 B)False

Question 10

A building that deviates slightly from the contract's specifications would not qualify as substantial performance.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

Kent Construction Company contracted to build four garages for Magnum,Inc.,for $100,000 according to specifications provided by Magnum.Kent substituted two-by-fours for the more expensive two-by-sixes called for in the contract.An inspection reveals that the garages are sturdy,but that they are worth only $85,000 due to Kent's failure to conform to Magnum's specifications.To what is Kent entitled,if anything,and why?

Accepted Answer

Kent has rendered substantial performanc

Question 13

Punitive damages are recoverable for breach of contract.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following statements is true?

Accepted Answer

A) Personal service contracts,like all contracts,terminate with the promisor's death. 
B) Personal service contracts are the only contracts which terminate with the promisor's death. 
C) Personal service contracts are the only contracts which cannot terminate with the promisor's death. 
D) Personal service contracts can terminate under any circumstance. 
A) Personal service contracts,like all contracts,terminate with the promisor's death. 
B) Personal service contracts are the only contracts which terminate with the promisor's death. 
C) Personal service contracts are the only contracts which cannot terminate with the promisor's death. 
D) Personal service contracts can terminate under any circumstance.

Question 15

In which of the following situation a party's duty to perform cannot be discharged?

Accepted Answer

A) The nonoccurrence of a condition subsequent 
B) The nonoccurrence of a condition precedent 
C) Anticipatory breach 
D) Material breach 
A) The nonoccurrence of a condition subsequent 
B) The nonoccurrence of a condition precedent 
C) Anticipatory breach 
D) Material breach

Question 16

Metz and Desman contracted for Metz to build a house for Desman on Desman's lot according to specifications provided by Desman.The contract provided that Metz would be paid $125,000 for this.Metz unintentionally deviated from the specifications in several minor respects.The house is soundly constructed and Metz completed the work within the promised time.Desman refused to pay Metz any of the $125,000,arguing that the house did not conform to the specifications.In this case:

Accepted Answer

A) Desman can get a decree of specific performance. 
B) Metz has no right to be paid for any of his work because he breached the contract. 
C) if the court finds that Metz has substantially performed,he will be able to recover the contract price less any damages caused by his failure to perform as promised. 
D) if the court finds that he substantially performed,Metz will be able to recover the contract price less any damages caused to him because of the delay in payment. 
A) Desman can get a decree of specific performance. 
B) Metz has no right to be paid for any of his work because he breached the contract. 
C) if the court finds that Metz has substantially performed,he will be able to recover the contract price less any damages caused by his failure to perform as promised. 
D) if the court finds that he substantially performed,Metz will be able to recover the contract price less any damages caused to him because of the delay in payment.

Question 17

The duty to mitigate damages:

Accepted Answer

A) is a non-equitable doctrine frowned upon by modern courts. 
B) requires the non-breaching party to take steps only in case of physical injuries. 
C) holds the non-breaching party liable to a minimal amount. 
D) requires the non-breaching party to take steps to minimize the damage. 
A) is a non-equitable doctrine frowned upon by modern courts. 
B) requires the non-breaching party to take steps only in case of physical injuries. 
C) holds the non-breaching party liable to a minimal amount. 
D) requires the non-breaching party to take steps to minimize the damage.

Question 18

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 doing ceiling work,his ladder got stuck in the crack and he injured himself.Can he recover damages from Melinda?

Accepted Answer

A) He can impose consequential damages on Melinda. 
B) He can recover under the specific performance provision. 
C) No,he cannot recover for injuries that could be easily avoided. 
D) No,he cannot recover damages till he gets an injunction. 
A) He can impose consequential damages on Melinda. 
B) He can recover under the specific performance provision. 
C) No,he cannot recover for injuries that could be easily avoided. 
D) No,he cannot recover damages till he gets an injunction.

Question 19

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

Accepted Answer

A) The promisee who is dissatisfied with the mechanical fitness,utility,or marketability may reject the performance without liability,even if doing so is unreasonable. 
B) The engineer's or architects certificates,which are often issued at each stage of completion,indicate that the work is done to the satisfaction of the architect or engineer. 
C) These contracts require the builder to give the owner an engineer's certificate for satisfactory performance after the owner has paid the builder for the project. 
D) In contracts involving matters of personal taste and comfort most courts require the promisee to accept performance that would satisfy a reasonable person. 
A) The promisee who is dissatisfied with the mechanical fitness,utility,or marketability may reject the performance without liability,even if doing so is unreasonable. 
B) The engineer's or architects certificates,which are often issued at each stage of completion,indicate that the work is done to the satisfaction of the architect or engineer. 
C) These contracts require the builder to give the owner an engineer's certificate for satisfactory performance after the owner has paid the builder for the project. 
D) In contracts involving matters of personal taste and comfort most courts require the promisee to accept performance that would satisfy a reasonable person.

Question 20

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

Accepted Answer

If,through no fault of the promisor,some

Exam 18: Performance and Remedies

Injunctions are:

Rob contracted to play football for the United Lions in May 2007.However,he had an accident and he died.His death will terminate his contract.

In which of the following situations can a party's duty to perform be discharged?

An award for loss in value of a promised performance is:

Consequential damages:

Maxwell construction made an apartment block for Riverside.After 5 years of the construction Riverside sued Maxwell for the leakages in its ceiling.Is this lawsuit valid?

The time limit set by the UCC statute of limitations for contracts involving the sale of goods is:

Anticipatory repudiation may never be implied.

A building that deviates slightly from the contract's specifications would not qualify as substantial performance.

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

Punitive damages are recoverable for breach of contract.

Which of the following statements is true?

In which of the following situation a party's duty to perform cannot be discharged?

The duty to mitigate damages:

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 doing ceiling work,his ladder got stuck in the crack and he injured himself.Can he recover damages from Melinda?

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

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

Law, Legal Reasoning, and the Legal Profession

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

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The Nature and Origins of Contracts

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Consideration

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The Form and Meaning of Contracts

Third Parties Contract Rights

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Introduction to Security

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