Question
A building company signs a contract to construct a ski lodge on land owned by a travel company. The contract contains a term which specifies
A building company signs a contract to construct a ski lodge on land owned by a travel company. The contract contains a term which specifies a date for completion of the ski lodge (before the next ski season) and says that if it is not completed by that date the builder will pay $5,000 to the travel company for every week that completion is delayed beyond the specified completion date, to compensate the travel company for lost revenue. This is an example of:
A quantum meruit
B liquidated damages
C unliquidated damages
D exemplary damages
4 A court has found a person liable to pay you $3,800 following a road accident.He has not paid. He has a part-time job at Hungry Jacks and receives a disability pension from the government. Which of the following sources could you use a garnishee order against to obtain your money from the other person?
A his fortnightly salary ($540) at Hungry Jacks
B the Federal Government, which pays his disability pension of $320 per fortnight
C his father, who gives him $1,000 per month to help pay his rent
D A and C
In cases of anticipatory breach of contract the party suffering loss
A should seek an order for specific performance from a court
B can seek rectification by a court
C has a duty to mitigate
D would always have a right to liquidated damages
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