Exam 12: Breach and Remedies

A contract for a sale of land from Unique Properties,Inc. ,to Veritas Investments Corporation contains an erroneous legal description.The most appropriate remedy for these parties is

Outstate Properties,Inc.(OPI),agrees to sell certain acreage to Pia.OPI repudiates the deal.Pia sues OPI and recovers dam?ages.Pia can now obtain

Development Associates (DA)agrees to buy five acres of land from Elegant Properties for $15,000.Elegant fails to go through with the deal on the agreed date,when the market price of the land is $17,000.DA files a suit against Elegant.DA may recover

Carol pays Dick $10,000 for Dick to design an advertising campaign for Carol's health club.The next day,Dick tells Carol that he has accepted a job in New York and cannot design the campaign.Carol files a suit against Dick.Carol can recover

For Dona's breach of their contract,Esteban seeks restitution,which is

EZ Products Company breaches its contract with For-Less Stores,Inc.For-Less files a suit to recover compensatory damages,which are nor?mally assessed to

Recreational Pools,Inc. ,agrees to build a swimming pool for Sandy,but fails to build it according to the contract specifications.Sandy hires Total Fix-It Company to finish the project.Sandy may recover from Recreational Pools

Liquidated damages are damages that are uncertain in amount.

As part of a sale of Ad-Vance,Inc. ,Bette's marketing firm,she signs a covenant not to com?pete that is unreasonable in its essential terms.To pre?vent undue hard?ship,a court will most likely

On an employer's breach of an employment contract,the measure of the employee's damages is his or her salary with no adjustments.

Fiesta Properties,Inc. ,negotiates with Gusto Maintenance Corporation to include a liquidated damages clause in their contract.To be enforceable,at the time of the contract,an estimate of the damages from a breach must be

National Expeditions needs a tent for a mountain-climbing trip and orders one for $500 from Outdoor Supplies.National does not tell Outdoor about the trip,or that it must receive the tent by July 1 or it will lose $10,000.Outdoor ships the tent July 15.National can recover

Punitive damages are often awarded in breach of contract actions.

The failure of one party to perform a contract entitles the other party to re?scind the deal without returning whatever goods,property,or money was previ?ously conveyed.

The doctrine of election of remedies requires a court to "poll" the parties to a contract to "elect" a remedy.

Normally,when a nonbreaching party has been damaged by a breach of contract,he or she has a duty to mitigate those damages.

On a tenant's abandonment of leased premises,the landlord's measure of damages is the amount of the unpaid rent with no adjustments.

Nominal damages normally establish that the defendant acted wrongly.

Expenses that are caused directly by a breach of contract-such as those in?curred to obtain performance from another source-are nominal damages.

Stellar Commodities,Inc. ,agrees to deliver ten tons of sheet metal to Tower Builders Corporation.The agreement states that delivery is to be within "3" days,although the parties intend "30" days.Stellar cannot convince Tower to amend the contract.Stellar should seek