Question 1 (1 point)

Saved

Which of the following statements is not correct regarding restitution?

Question 1 options:

a)	Recovery is undiminished by any loss which would have been incurred by complete performance.

b)	The measure of recovery for restitution is quantum meruit, the reasonable value of the performance.

c)	A plaintiff may not join a claim for restitution with a claim for damages from breach of contract.

d)	The impact of restitution is to allow a promisee to recover the value of services he gave to the defendant irrespective of whether he would have lost money on the contract and been unable to recover in a suit on the contract.

Question 2 (1 point)

In Centex Homes Corp. v. Boag, which of the following is not a reason given by the court in denying specific performance?

Question 2 options:

a)	Damages sustained by Centex were readily measurable.

b)	The price of the unit was below market value so it would re-sell easily.

c)	The units shared the same characteristics as personal property.

d)	The only variance in the units was the floor level or building location.

Question 3 (1 point)

Which of the following is a not a correct statement regarding restitution?

Question 3 options:

a)	The basic aim of restitution is to place the plaintiff in the same economic position as the plaintiff enjoyed prior to contracting.

b)	Restitution encompasses recovery in quasi contract in which form of action the plaintiff recovers a money judgment.

c)	Restitution is available for a total or partial breach of contract.

d)	Restitution encompasses equitable remedies for specific relief such as decrees that cancel deeds.

Question 4 (1 point)

All of the following are correct statements regarding specific performance except:

Question 4 options:

a)	the plaintiff must show the inadequacy of the legal remedy.

b)	the inadequacy of the legal remedy is often predicated on the insolvency of the defendant and the consequent inability to obtain satisfaction of a money judgment.

c)	specific restitution of personal property is also available where the legal remedy is inadequate.

d)	a claim for specific restitution is not subject to the equitable defense of unclean hands.

Question 5 (1 point)

Saved

In Oliver v. Campbell, the court relied on a general rule that states all of the following except:

Question 5 options:

a)	the only remedy for an employee is an action on the contract for fixed compensation or damages for breach of contract.

b)	an employee who has been injured by a breach may treat the contract as rescinded and may recover in quantum meruit so far as he has performed.

c)	the employee may keep the contract alive, being at all times ready and able to perform.

d)	the employee may treat the repudiation as putting an end to the contract for all purposes of performance and sue for the profits he would have realized if he had not been prevented from performing.

Question 6 (1 point)

Saved

In which one of the following cases did the court hold that there is no requirement in the law that both parties to a contract be mutually entitled to the remedy of specific performance in order that one of them to be awarded specific performance by the court?

Question 6 options:

a)	Centex Home v. Boag

b)	Oliver v. Campbell

c)	United States v. Algernon Blair, Inc.

d)	Laclede Gas Co. v. Amoco Oil Co.

Question 7 (1 point)

Saved

Which one of the following statements is not correct regarding damages for breach of a contract to convey real property?

Question 7 options:

a)	Every interest in land is conclusively presumed to be unique.

b)	Traditionally, the remedy of damages was adequate.

c)	The uniqueness of real property carries over to contracts with respect to its use.

d)	The law of property has come to look at the contract purchaser as the owner under the doctrine of equitable conversion.

Question 8 (1 point)

Saved

All of the following statements are correct regarding service contracts except:

Question 8 options:

a)	courts do not order employees or other persons to perform because the order might violate the involuntary servitude clause of the Thirteenth Amendment.

b)	judicial decrees to enforce them are difficult to supervise.

c)	courts do not want to force individuals into an unwanted personal association.

d)	courts routinely enforce non-personal service contracts.

Question 9 (1 point)

Saved

Personal service contracts:

Question 9 options:

a)	are subject to specific performance, but only where money remedies are inadequate.

b)	are not subject to specific performance, even if money remedies are inadequate.

c)	are redressed with money remedies.

d)

B and C.

Question 10 (1 point)

Specific performance is available:

Question 10 options:

a)	where the standard measure of damages is inadequate.

b)	where restitution is inadequate.

c)	where lost profits are inadequate.

d)	only where the standard measure of damages, lost profits, and restitution are inadequate.