Exam 9: Contractual Performance and Breach

If it is established in court that an employer warned the employee against the tortious behavior, the employer will not be held liable for the employee's actions.

Principals hire _____ to do tasks and represent them in transactions.

Material breach represents a less-than-complete performance.

What is ratification?

When a party intentionally relinquishes a right to enforce a contract, it is called a/an _____.

If a contract contains ambiguous terms, how will the court interpret and resolve the ambiguities?

Kent and Turner get into an argument over the money Turner had loaned Kent. They decide to allow Erika, their friend and a professor, to make a decision. Turner and Kent agree to abide by whatever decision Erika makes. This is an example of _____.

Discuss mitigation.

Oral evidence that changes the meaning of written terms can be given if necessary to prevent fraud.

Leslie is on his way to meet his girlfriend, when he meets with a car accident. Leslie's over speeding causes the accident and injures two other people involved in it. Which of the following is true of this situation as per the doctrine of respondeat superior?

Which of the following remedies is used in fraud or misrepresentation cases?

Which of the following is true according to the Uniform Electronic Transactions Act?

An employee who is on a frolic or detour is no longer acting for the employer.

Great year Tires orders 50 tons of rubber from a Bill, a rubber broker. The broker has a number of rubber plantations that it can deal with but does almost all of its business with Ritchie's Rubber Farm. The delivery of the rubber is due on September 1st. On August 1st, a fire destroys Ritchie's Rubber Farm.

Sosa signs a health club membership contract based on the salesperson's statements that the contract is cancellable at any time. Later, when Sosa applies for a cancellation of the membership, she is informed that the contract is non-cancellable. Discuss if Sosa can give oral evidence in the court for a written contract in this case.

Name a few remedies available for breach of contract.

If a contract contains a condition subsequent it means that:

Jimmy, a cashier at Maker Stores, gets into a heated argument with a customer over which party will win the upcoming elections, which results in a fight. Maker Stores is liable for Jimmy's tortious actions.

Most of our every day purchases involve:

Which of the following is true in case an employee carries a respondeat superior insurance?