Question
1. Which is not a situation in which delegation of duties is prohibited? a when special trust has been placed in the obligor b the
1. Which isnota situation in which delegation of duties is prohibited?
a | when special trust has been placed in the obligor | |
b | the contract expressly prohibts delegation | |
c | when performance by a 3rd party will vary materially from that expected by the obligee | |
d | when performance depends on the personal skill or talents of the obligor | |
e | the delegation is not done in writing |
2. What isnota way for both parties to discharge by agreement?
a | by release | |
b | by mutual rescission | |
c | by accord and satisfaction | |
d | by settlement agreement | |
e | by novation | |
f | by bankruptcy |
3. A party acts egregiously, in bad faith. What kind of damages are available, to punish and deter this kind of wrongdoing?
Hint: Here is a famous case in Wisconsin involving egregious trespass to land by a business that merited $100,000 in such damages:Jacque v. Steenberg Homes
a | consequential damages | |
b | nominal damages | |
c | compensatory damages | |
d | punitive damages |
4. What is the equitable remedy that is normallynotavailable for contracts for personal services, because ordering parties to do personal services against their will would violate the 13th Amendment that prohibits involuntary servitude, or slavery?
For example, a very demanding boss hires somene to work as their executive assisant (think the movieThe Devil Wears Prada). But the assistant has second thoughts and quits. The boss can try to pursue the remedy at law for monetary damages if they can get substantially similar service from another person. But they can't make the first hire work for them against their will.
a | liquidation of damages | |
b | rescission and restitution | |
c | specific performance | |
d | reformation |
5. What is the legal Latin term for the benefit that a party can recover in quasi-contract, so that the party that conferred a beneft upon another party without an actual contract can still in fairness get "as much as it deserves"?
a | quantum meruit | |
b | pro se | |
c | habeas corpus | |
d | subpoena duces tecum |
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