Remedies

Question 1

Henry enters into a contract giving Derrick the right of first refusal on a tract of land he owns. Henry subsequently offers the land to Justinwithout first offering it to Derrick. An appropriate remedy for Derrick to seek would be:

Group of answer choices

reformation.

an injunction.

liquidated damages.

punitive damages.

Flag question: Question 2

Question 2

1pts

Alicia bought a car from Jim's Buy a Wreck.She paid $25,000.00 for the car.Alicia was willing to pay that amount of money because Jim told her that the car would get 40 miles to a gallon.After several months Alicia realized that her "new" car was not get 40 miles an gallon.Instead it was getting 20 miles.Alicia was very upset.Cars of that make and model that get on 20 miles an hour can be purchased for $18,000.00.Alicia decided to sue Jim's Buy a Wreck.Assuming that Alicia is successful in her lawsuit against Jim's Buy a Wreck which statement is most accurate?

Group of answer choices

Alicia is entitled to liquidated damages in the sum of $7,000.00.

Alicia is entitled to nominal damages in the sum of $7,000.00.

Alicia is entitled to punitive damages in the sum of $7,000.00.

Alicia is entitled to compensatory damages in the sum of $7,000.00.

Flag question: Question 3

Question 3

1pts

Bob the builder promised Susan that he would be finished building her house by July 1st.So far Susan has paid Bob $350,000.00. to build her house.Her last payment of $20,000.00 is not due until the house is finished.Susan is very anxious to move out of her apartment and settle into her new house.She computed that once she moves into her new house her monthly expenses will be reduced by $2,200.00 a month.On June 30thBob called Susan and told her that due to unforeseen circumstances her house would not be ready until September 1st.Susan is furious and plans on suing Bob.Assuming that Susan is successful in suing Bob which statement is most accurate?

Group of answer choices

Susan is entitled to the entire amount of the contract price back since Bob breached the contract.

Susan is entitled to receive compensatory damages in the sum of $4,400.00.

Susan is entitled to receive compensatory damages in the sum of $20,000.00.

Susan is entitled to receive compensatory damages in the sum of $2,200.00.

Flag question: Question 4

Question 4

1pts

Brian has a dog boarding business.He charges $200 a week to board a dog (which is a pretty decent amount since each dog costs Brian only $70 a week to care for).Tad agreed to drop his dog off to Brian's dog boarding business.Tad - and worse yet - Tad's dog never showed up.Brian sued Tad in court.Assuming that Brian is successful in his lawsuit against Tad which statement is most accurate?

Group of answer choices

Brian would be entitled to damages in the amount of $70.00.

Brian would be entitled to damages in the amount of $200.00.

Brian would not be entitled to any damages.

Brian would be entitled to damages in the amount of $130.00.

Flag question: Question 5

Question 5

1pts

Cait is a rising country singer.She entered into a contract to sing at an outdoor country festival in Nashville.A month before the show in Nashville, Cait received an offer to open up for Tim McGraw.Cait quickly "ditched" the Nashville festival and agreed to go on tour with Tim McGraw.The Nashville festival is quite annoyed - since Cait was one of their bigger acts.Which statement is the most accurate?

Group of answer choices

A court would order that Cait perform at the Nashville festival.

A court would order Cait to pay Nashville festival for the loss of money they suffered because Cait failed to perform.

A court would not grant an order for "specific performance" but a court would likely issue an injunction to prevent Cait from singing some where else.

A court would order Cait to turn the money that she earned on the road with Tim McGraw over to the Nashville festival.

Flag question: Question 6

Question 6

1pts

A motor at Peter's Printing Press broke.Peter called Freddie's Fix a Motor Company and asked how long it would take to fix the motor.Freddie's Fix a Motor Company told Peter's Printing Press that it would take about 48 hours.Peter then agreed to send the motor to Freddie's.Unfortunately for Peter, the motor arrived on the first day of Freddie's month long European vacation.(Both Peter and Freddie have poor communication skills.Peter never told Freddie that he had only one motor and Freddie never told Peter that he was taking a month long vacation.)Peter's motor sat at Freddie's company for thirty days.When Freddie returned he fixed the motor in the forty eight hours he promised and returned it to Peter. Freddie charged Peter $5,000.00 to fix the motor. Because Peter had no other motors for his printing press Peter lost $15,000.00 in profit for the month.Peter wants to sue Freddie for the loss of money.Which statement is most accurate?

Group of answer choices

It is unlikely that Peter will be successful in his lawsuit to recover the $15,000.00 in damages because the damages are not foreseeable since Freddie did not know that time was of the essence.

It is unlikely that Peter will be successful because the damages are punitive.

It is likely that Peter will be successful in collecting $20,000 in damages because all damages of the damages were foreseeable.

It is likely that Peter will be successful in collecting $15,000 in consequential damages.

Flag question: Question 7

Question 7

1pts

Frank rents a bulldozer from Dependable Dozers, Inc.Frank pays $50,000.00 to rent the dozer for 10 months.Thirty days into the lease, the bulldozer that Frank has rented malfunctions when the brakes and steering wheel both stop working.Frank and the bulldozer crashed into Marvin's house - causing $75,000.00 worth of property damage.Luckily no one was hurt.Marvin sued both Frank and Dependable Dozers, Inc. Assuming that Marvin is successful in his lawsuit which statement is most accurate?

Group of answer choices

Marvin is not entitled to any damages.

Marvin is entitled to $125,000.00 in consequential damages.

Marvin is entitled to $125,000.00 in compensatory damages.

Marvin is entitled to $75,000.00 in consequential damages.

Flag question: Question 8

Question 8

1pts

Lulu wants to buy a piece of land from Bill.Bill acres to sell Lulu Blackacre for $65,000.00.They enter into a written contract with one another.Then, out of no where, Sneaky Sam comes along and offers Bill $70,000.00 for Blackacre.Bill breaches his contract he has with Lulu.Lulu decided to sue Bill.Which statement is most accurate?

Group of answer choices

A court would be unlikely to direct specific performance.

A court would likely order "specific performance" of the contract - which would have the effect of making Bill to sell the land to Lulu.

A court would order Bill to give Lulu $70,000.00.

A court would order that Bill give the profit of $5,000 he made to Lulu.

Flag question: Question 9

Question 9

1pts

Mark and Alvin enter into a written contract.The written contract has a provision that provides - in case of a breach of contract - that the party who breached the contract pay the non-breaching party the sum of $25,000.00.Mark and Alvin agree to this amount because neither of them really trust the other one.Nine months into their contract, Alvin breaches the contract.The breach of contract causes Mark to lose about $3,500.00.Assuming that Mark is successful in his lawsuit against Alvin, which statement is most accurate?

Group of answer choices

The court will not enforce the liquidated damage clause until the parties settle the underlying lawsuit for breach of contract.

Mark is entitled to recover his out of pocket losses in the sum of $3,500 as well as the $25,000 in liquidated damages.

The court will not enforce the liquidated damage clause because the amount is unreasonable as compared to the actual loss.

The court will enforce the liquidated damage clause if Mark agrees to waive his out of pocket loss.

Flag question: Question 10

Question 10

1pts

Renee had a flood in her house and called "Quick Repair" to come and make the appropriate repairs.Quick Repair told Renee that they would use a high quality wood when they installed her new floor.The high quality wood cost Renee $15,000.00 to install in two room.A year later Renee noticed that the floors were scratching very easily and just didn't look like the floors in the rest of her house.When she looked into the matter more, Renee discovered that Quick Repair used "seconds" rather than the high quality wood that they had represented that they used. Renee could have had the floors redone using the seconds for a cost of $9,000.00.Renee decided to sue Quick Repair.Assuming that Renee is successful in her lawsuit against Quick Repair which statement is most accurate?

Group of answer choices

Renee is entitled to receive compensatory damages in the sum of $6,000.00.

Renee is entitled to receive compensatory damages in the sum of $15,000.00.

Renee is entitled to punitive damages in the sum of $15,000.00.

Renee is entitled to receive compensatory damages in the sum of $9,000.00.

Flag question: Question 11

Question 11

1pts

Ted decided to open a taco stand.He entered into a contract with Matthew to purchase Matthew's Taco truck for $30,000.00.Ted gave Matthew $3,000.00as a down payment on the taco truck. Ted also spent $1,000.00 on various permits as well as $10,000.00 on other inventory.A few days before the deal was supposed to be finalized Matthew changed his mind and refunded Ted his $3,000.00 down payment.Ted cannot find another taco truck to his liking so he decided to give up his lifelong dream of owning a taco truck.Ted was able to mitigate his damages byselling his inventory for $8,500.00.Unfortunately, Ted was not able to get the money he spent on the permit refunded.Assuming that Ted is successful in his lawsuit against Mathew which statement is most accurate?

Group of answer choices

Ted would be entitled to $5,500 in damages.

Ted would be entitled to $1,000 in damages.

Ted would be entitled to $2,500 in damages.

Ted would be entitled to $1,500 in damages.

Flag question: Question 12

Question 12

1pts

Marlene signs an employment contract to work for a Pets R Us Dog Sitting businessfor one year.Marlene was wrongfully discharged after three months. In order to recover from Pets R Us Dog Sitting business herpay for the remaining nine months of her contract, Marlene:

Group of answer choices

must accept employment 60 miles away if that is the only available similar job.

must use reasonable efforts to mitigate her damages by seeking other employment, even if she does not find another job.

must accept a radically different type of job if that is all she can find.

need only file suit againstPets R Us DogSittingsince they are contractually bound to pay Marlene for one year of employment.

Flag question: Question 13

Question 13

1pts

Bart signed a contract to coach basetball for Marshington University for a period of three years. After two years he is offered and accepts an assistant coaching position at Penn State. Under contract lawMarshingtonUniversitywill NOT be able to ask for:

Group of answer choices

specific performance of Bart's contract.

payment of compensatory damages.

an injunction against coaching at the PennState.

liquidated damages.

Flag question: Question 14

Question 14

1pts

Carol enters into a contract with Linda to sell Linda anantique handmade lace tablecloth for $1,500.Before Carol actually gives Linda thelace tablecloth (and before Linda pays for the tablecloth), Carol discovers that her neice, Lexiwants it too.Carol thenbreaks the contract she has with Linda. Linda can ask the court to order:

Group of answer choices

restitution.

equitable rescission.

specific performance.

injunctive relief.

Flag question: Question 15

Question 15

1pts

Andrea and Brae enter into a contract.Andrea breaches the contract.Brae wants to be putin as good a position as she would have been if Andrea did not breach the contract. Damages that are designed to make a person whole are called ______ .

Group of answer choices

compensatory damages.

consequential damages.

liquidated damages.

incidental damages.

Breach of Contracts

Question 1

Bill recently borrowed $50 from Ricardo for a couple of weeks. Bill, still short of cash, tells Ricardo, "I will wash and wax your car in exchange for the $50 I owe you." Ricardo tells Bill, "OK, that's great!" Ricardo's performance of his new duty will be:

Group of answer choices

a novation.

a rescission.

a satisfaction.

an accord.

Flag question: Question 2

Question 2

1pts

Bob, the tax accountant, promises to do Marge's individual federal, state, local, and gift taxes for the year. He completes all but the gift taxes. Under the substantial performance doctrine, Marge will:

Group of answer choices

not have to pay Bob for any of his work

have to pay Bob the contract price.

not have to accept the work at all because Bob breached the contract..

have to pay Bob for all of his work except he does not have to pay him for the gift taxes.

Flag question: Question 3

Question 3

1pts

Fred contracts to sell a certain tract of land to Mary for $20,000, but the contract is silent as to the time of delivery of the deed and payment of the price. In this case:

Group of answer choices

the payment of the $20,000 and the delivery of the deed are independent of each other.

the delivery of the deed is a condition subsequent to the payment of the $20,000.

the payment of the $20,000 and the delivery of the deed are mutually dependent and, in the absence of an agreement to the contrary, are concurrent conditions.

the payment of the $20,000 is a condition precedent to the delivery of the deed.

Flag question: Question 4

Question 4

1pts

Jim contracted with Kevin to serve as a guide for Kevin on his three-week fishing trip to Canada. The contract was made on April 1 with the trip to begin on June 1. On May 1, Kevin notified Jim that he had changed his mind and would be unable to make the trip. He also refused to pay Jim any compensation. In this case:

Group of answer choices

Kevin has anticipatorily repudiated the contract and is immediately liable to Jim for damages.

because the contract is executory, Jim has suffered no damages, and Kevin has no obligation to pay any compensation.

Jim must wait until June 1 to see if Kevin will perform his contractual duties and, if he does not, then Jim may sue Kevin for damages.

Jim must try to find "coverage" to replace the breached contract, and if he is not able to do so before June 1, then Kevin is liable to Jim for damages.

Flag question: Question 5

Question 5

1pts

Mike, a contractor, has a contract to build a new office building for Bill. The contract contains a provision requiring Mike furnish a certificate of occupancy from the building inspector before Bill is required to pay. This provision is:

Group of answer choices

a condition subsequent.

an implied-in-fact condition.

an express condition.

an implied-in-law condition.

Flag question: Question 6

Question 6

1pts

On November 1, Paula and Roberta enter into a contract where both parties are obligated to perform on December 31. On December 1, Paula tells Roberta, "I can, in no way, perform my duties in our contract." This statement is:

Group of answer choices

anticipatory repudiation.

an accord.

a nonmaterial breach since the statement is made before December 31.

material alteration.

Flag question: Question 7

Question 7

1pts

Russell and Joe make a contract for Russell to manufacture five leather chairs of a specified design. Prior to their manufacture, the factory is destroyed in an accidental fire that is no one's fault. If the chairs are available from other sources:

Group of answer choices

Russell's duty to deliver the chairs is discharged by the destruction of the factory.

All of the answers are correct except for one of the answers.

Russell must supply the chairs, even if he must buy them elsewhere.

Russell has materially breached the contract if he fails to deliver the chairs.

Flag question: Question 8

Question 8

1pts

Sid contracts to put new kitchen cabinets in Ned's house. Sid repeatedly tries to install the cabinets, but Ned does not grant him access to the house. In this case:

Group of answer choices

the frustration of purpose doctrine applies to discharge the contract.

Sid is discharged from his duties under the contract because Ned's prevention of Sid's performance constitutes a material breach.

Ned is discharged from his duties under the contract because of material breach.

Both Sid and Ned are discharged from their duties because of impossibility of performance.

Flag question: Question 9

Question 9

1pts

Which of the following would be considered a material breach of a contract?

Group of answer choices

Only the first two would be material breaches.

Partial performance that omits some essential part of the contract.

An intentional breach of the contract.

Delivery of 50 chairs in a contract that calls for 100 chairs.

All of these would be material breaches.

Flag question: Question 10

Question 10

1pts

Teganand Rory entered into a bilateral contract.Rory refused to perform her portion of the bilateral contract.Which statement best describes Rory's failure to perform her "side" of the bilateral contract?

Group of answer choices

Rory's refusal to perform willbe considered a condition subsequent.

Rory's refusal to perform willbe treated as a repudiation and willexcuse the tendering party from further duty of performance under the contract.

None of these.

Rory's refusal to perform willnot discharge either party from further duty of performance under the contract.

Flag question: Question 11

Question 11

1pts

Melany breached the contract she had with Beth.Which of the following best describes Melany's actions?

Group of answer choices

performance that is incomplete but that does not defeat the purpose of the contract but entitles the injured party to damages.

None of these.

wrongful failure to perform the terms of a contract that gives rise to a right to damages by the injured party.

a breach that prevents performance by either party.

Flag question: Question 12

Question 12

1pts

The definition of "discharge by breach" is:

Group of answer choices

wrongful failure to perform the terms of a contract that gives rise to a right to damages by the injured party.

None of these.

performance that is incomplete but that does not defeat the purpose of the contract but entitles the injured party to damages.

a breach that prevents performance by either party.