Exam 18: Performance and Remedies

Plaintiffs who have been injured by a breach of contract:

The time limit set by the Uniform Commercial Code statute of limitations for contracts involving the sale of goods is _____ from the time the goods are tendered.

Roy was doing repair work in Melinda's apartment. He saw a deep crack in the floor but did not repair it at the time. Later while working on the ceiling, his ladder got stuck in the crack, and he injured himself. Which of the following statements is true of damages in this case?

Emma had contracted with Queen Arts Inc. to perform a ballet. A day before the program, there was a fire and the dance floor was burnt. Hence, Emma could not perform. Since Emma cannot perform her contractual duties, she is liable for material breach.

Under the doctrine of anticipatory breach, performance is excused when events occur after the formation of the contract that would make the return performance of the other party worthless to the promisor.

Explain the remedy of specific performance.

Rebecca contracted Matthew Properties Inc. to repair her apartment for $20,000. On completion of repairs, Rebecca observed that the garage and the attic had not been repaired. Although the contract stated that Matthew Properties will repair the garage and the attic thoroughly, Rebecca did not raise the issue. She instead made a full payment for the services rendered. In this scenario, Matthew Properties Inc. has been discharged from obligations of repairing the garage and the attic by a(n):

Kids' Corner, a toy store, ordered a supply of stuffed toys from Toyland Inc. The toys were supposed to be delivered on December 1 but were sent to Kids' Corner on December 5. There has been a(n) _____ of contract.

Under the commercial frustration doctrine, performance is excused when:

Adam contracts to sell Ben 100 widgets for $100, for use in Ben's factory. Adam does not know that Ben's factory is closed as it is waiting for the supply of widgets from Adam. Which of the following statements is true of the damages caused due to late delivery?

Rob's construction firm did not give Casey a certificate, issued by Timothy Engineering Firm, indicating that the work has been completed to satisfaction. Hence, Casey has no duty to pay Rob's firm.

Logan, a farmer, had agreed to supply corn to Roxy Inc. Unfortunately, his crops wilted due to extreme temperatures. Logan decided to terminate its agreement as he could not find suitable substitutes for the crops. However, Logan can be excused for nonperformance on grounds of:

What constitutes substantial performance is strictly defined by statutory law and/or judicial precedent.

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

A party suing for breach of contract who has suffered actual losses as a result of the breach is entitled to recover _____.

Tim and Sam entered into a bilateral contract that does not state a time for performance. In this case, the law infers that each party's performance is a:

Describe the doctrines of commercial impracticability and commercial frustration.

Promisors in complete performance contracts who do not completely perform their contractual duties cannot recover the contract price. They may, however, recover in quasi contract for benefits conferred on the other party.

A mandatory injunction:

Explain the differences between conditions precedent, conditions subsequent, and concurrent conditions.