Question
1.Mitigation is an important concept that is often considered by judges in assessing damages in cases involving breach of contract. Mitigation is best described as
1.Mitigation is an important concept that is often considered by judges in assessing damages in cases involving breach of contract. Mitigation is best described as
d) reducing the other party's liability under the contract.
b) the innocent party taking reasonable steps to reduce or eliminate damage which flows from a breach of contract.
c) helping the other party cope with the breach of contract.
a) the obligation to minimize the breach.
e) avoiding adding unnecessary damages to the innocent party.
2.Which of the following is NOT a defence to a defamation action?
a) responsible communication on matters of public interest.
b) the written or spoken words were true.
e) absolute privilege.
d) the defamatory words came from someone else first.
c) qualified privilege.
3.Non est factum is based not only on the principle of placing loss on the person guilty of carelessness, but also upon recognition of the need for certainty and security in commerce. For these reasons, the application of the principle
c) must depend on the circumstances of each case.
b) must always result in the unenforceability of the contract.
a) must always result in the enforcement of the contract.
e) because of its equitable nature, needs to be decided by a judge alone.
d) needs to be decided by a jury.
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