Exam 13: Contracts: Performance, Remedies, and Rights

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Conditions precedent are events that must happen before contract performance is required.

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A liability limitation clause is the same as an exculpatory clause.

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What issue is there about whether there is a contractual obligation?

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An accord and satisfaction is a void contract.

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Misrepresentation does not require proof of the buyer's reliance.

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The maximum wage garnishment for general debts is 50 percent.

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The Fair Debt Collections Act applies to:

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The difference between fraud and misrepresentation is proof of intent.

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An assignment is the transfer of benefits under a contract.

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The parties' previous course of dealing will have little impact as courts interpret their contract.

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A mortgage broker who sells mortgage contracts to mortgage companies has created a third party beneficiary contract.

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Garnishment is an example of judgment execution.

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Discuss the students' use of the infancy defense in the Turnitin (iParadigms) case.

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Exculpatory clauses are generally considered void as against public policy.

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A contract with a party who has been declared incompetent is voidable.

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