62. A party to a contract erroneously acted on an assumption involving breach of an innominate term. That party is itself now being sued for breach. What was the erroneous action taken by this party?

a. the initiation of a claim for damages b. the repudiation of the contract

c. an incorrect application of a warranty d. a delay of performance of obligations

57. Margo has agreed to purchase a used car from the dealership and their contract contains the following terms: Model - Ford Taurus, Price - $14,000, Colour - Red, Mileage- 90,000 km, includes floor mats and new tires. What would likely be considered a "condition" in her contract?

a. Colour - Red b. Model Ford Taurus c. include floor mats d. includes new tires

64. Mai entered into a contract to by Jessa's 1970 Volkswagen Beetle for $5,000. Shortly after signing the contract but before Mai paid her, Jessa decided to keep the car after learning it was actually worth $12,000. How much damages will a court award Mai if she sues for breach of contract?

a. $5000 b. $7000

c. $12 000 d. $17 000

68. Which of the following would a court consider the common law duty to mitigate to be imposed upon?

a. the assignee to a contractual agreement b. the patty causing a contractual breach

c. the patty affected by contractual breach d. the third party unaffected by the breach

69, What is NOT a requirement in order to be entitled to the remedy of specific performance?

1. the plaintiff has 'clean hands'
2. the plaintiff has mitigated her losses
3. the plaintiff has not delayed
4. the goods are unique and cannot be replaced with money