Exam 18: Performance and Remedies

Which of the following circumstances is a valid reason for the delay of a lawsuit once the statutory period is over?

Maria and Joe entered into a contract for the sale of Maria's car. Delivery of the car and payment were to be made on March 1. Joe clarified that he needed the car so that he can commute between San Francisco and Oakland to his new job that is starting on March 2. Maria broke the contract and failed to deliver the car on March 1. Joe needed a car to commute so he rented a car at $30 per day for 20 days, which was the reasonable amount of time it took him to locate and buy another car. Joe sued Maria for his losses, including the $600 car rental. The $600 makes up the _____ damages.

A condition subsequent cannot be a valid reason for the discharge of a duty.

Which of the following are also called special damages?

What is an injunction?

Bill contracts to build a building for Harvey. A few changes in the building code that were made after the contract was signed will increase Bill's costs in performing his duties. He is excused from performance under the contract.

Someone who attempts to recover for breach of contract:

When is a person's duty to perform discharged on grounds of impossibility?

Which form of damages is intended to give the victim of the breach of contract the "benefit of the bargain"?

Kyle promised to mow Heidi's lawn for $20 and clean Heidi's gutters for $50, but only mowed the lawn. Which of the following is true of Kyle?

Landlord has leased the property to the tenant. Tenant has to pay $5 as a late charge for the late payment of rent. Tenant pays his rent late for five month, but landlord accepts it without objection. Can landlord afterward recover the late charges?

Which of the following instances is sufficient reason to cause commercial impracticability?

In general, an employee who has been fired and who wants to sue for breach of contract need not do anything to limit or mitigate his damages, such as looking for another job. This would unfairly benefit an employer who has wrongfully breached a contract.

Richard contracts with Yuan to buy Yuan's house for $100,000 "unless my horse does not win the Kentucky Derby." This is a condition subsequent, or at least an attempted condition subsequent. Rephrase it as a condition precedent with the same effect. If you can do this, why does the law bother to distinguish condition precedent from condition subsequent?

An uncertain future event, the occurrence of which is necessary for the existence of a contractual obligation is called:

Which form of damages can have the effect of reducing the liability of the party guilty of a breach of contract?

Which of the following characterizes the statute of limitation?

On May 2, 1972, Mix, a CPA, entered into an oral contract with Dell to provide certain accounting services to Dell. The contract was fully performed by both parties in 1974. On April 25, 1988, Dell commenced a breach of contract action against Mix claiming that Mix had improperly performed the accounting services. Mix's best defense to the action would likely be:

If Grant promises to sell his regular season football tickets to Carson on condition that Indiana University wins the Rose Bowl, Indiana's winning the Rose Bowl is an express condition of Grant's duty to sell the tickets.

If there is no time specified in contract by the parties, then it is presumed that performance shall be completed whenever possible.