Exam 18: Breach of Contract and Remedies

Karif orally agrees to buy a unique collection of sports memorabilia for $1,000 from Jane and sends her $250 as a down payment.When Karif sends her the rest of the price,Jane refuses to ship the collection.Karif should seek

A contract may include a clause stating that no damages can be recovered for a certain type of breach.

The purpose of the doctrine of election of remedies is to permit double recovery.

Most parties settle their lawsuits for damages or other remedies prior to trial.

Lester and Myrtle want to rescind their contract under which Lester sold an MP3 player for $40.To rescind the contract

Dondi contracts to buy a custom espresso maker from Caffee Specialties,Inc.,for $4,500,but Caffee fails to deliver.Dondi buys the appliance else?where for $5,500.Dondi's measure of damages is

Office Accounting,Inc.,hires Perry to repair a computer on site for $400,but Perry does not show up as agreed.Office Accounting hires Raul to do the job for $350.Office Accounting may recover from Perry

Punitive damages are recoverable in contract law for an intentional breach of contract.

Even-Flo Hydraulics enters into a contract to repair valves and fittings in Fiesta Company's plant.If Even-Flo breaches the contract,Fiesta can

Compensatory damages compensate an injured party for damages arising directly from the loss of a bargain caused by a breach of contract.

Ray breaches his lease with Sunny Properties and vacates the premises six months before the end of the term.In some states,Sunny would have to

Fidelio Corporation enters into a contract with Equi Insurance,Inc.,to obtain health insurance for Fidelio employees.Equi breaches the contract.If Fidelio is awarded compensatory damages,the purpose would be to

Rural Power Utility,Inc.,enters into a contract with Shovel Excavation Service to dig up,replace,and rebury Rural's cables in a certain location.Rural advances Shovel 10 percent of its cost.The parties rescind the contract.Shovel's refund of the payment is

Grady enters into a contract to buy 440 acres from Hollis to expand Grady's ranch.Hollis breaches the contract.Grady's normal remedy is

Pure Oil Company enters into a contract with QuikBilt,Inc.,to construct an offshore oil pipeline to withstand specific conditions.If QuikBilt fails to meet this standard,which is construed as a breach of contract and a breach of a duty of care,Pure might be awarded punitive damages to

The measure of damages for breach of a construction contract depends on which party breaches and when.

The failure of one party to perform a contract entitles the other party to rescind it.

A party seeking to recover compensatory damages cannot also recover in?cidental damages.

SFX Paintball Games,Inc.,and Truck & Trailer Delivery Corporation sign an agree?ment that provides for the payment of "$1,000 by whichever party commits a material breach of the contract that creates damages difficult to esti?mate but approximately $1,000." This is

A person's actions may cause a breach of contract or a tort,but not both.