Urgent!

Question 1 (0.5 points)

Where the non-breaching party has completed performance,

determining the amount of damages owed is based on: Question 1 options:

a) the reasonable value of the labor or services rendered or the property transferred.

b) the agreed price.

c) punishing the breaching party.

d) preventing unjust enrichment.

Question 2 (0.5 points)

Daughn owns a building that was in need of extensive repair and hired Pratt to perform the repairs. When the repairs were two- thirds done, the building and all of the building materials Pratt had used to make the repairs were destroyed by fire after the building was struck by lightning. If Pratt sues Daughn, what (if anything) can Pratt recover?

Question 2 options:

a) Pratt can recover for the value of his labor only, apportioned by the amount of repairs completed.

b) No recovery, because performance was not complete.

c) Pratt can recover for the value of his labor and materials.

d) Pratt can recover two-thirds of the contract price and the value of his materials.

Question 3 (0.5 points)

Pauly contracted with Dorff whereby Dorff was to supply bread to Pauly for his restaurant. Dorff was not aware that this bread was used as a part of a holy festival which Pauly catered during July and August of each year. Dorff was unable to make timely delivery of the bread, causing Pauly to cancel his service with the festival. Dorff was also unaware that Pauly had no other customers during July and August because of the size of the festival and the economic advantage of catering to the festival. Pauly had to lay off employees and shut down for two months. What will be the result if Pauly sues for lost profits he would have made during this period?

Question 3 options:

a) Dorff prevails because Dorff had no reason to foresee this loss of profits suffered by Pauly as a result of later delivery.

b) Pauly prevails because Dorff was late.

c) Pauly prevails because Pauly has suffered damages as a result of Dorff's breach of contract.

d) Dorff prevails because Pauly should not have exclusively catered to the festival.

Question 4 (0.5 points)

Wholesaler contracted with Foundry to buy all of Wholesaler's annual requirements for certain types of valves from Foundry. The contract had no duration term, but the parties

performed under it for several years before Wholesaler repudiated their agreement. In Foundry's suit against Wholesaler, Foundry's damages will be:

Question 4 options:

a) to sell an amount equal to Wholesaler's usual requirements for a year to another buyer, and recover the difference between the contract price and the market price.

b) to sell an amount equal to Wholesaler's usual requirements for a year to another buyer at a discount, because Wholesaler selected specific valves, and recover the difference between the contract price and the market price.

c) lost volume profits based on Wholesaler's usual requirements for a year from the cancelled contract, because Foundry is a lost volume seller.

d) not lost volume profits based on Wholesaler's usual requirements for a year from the cancelled contract, because Foundry is not a lost volume seller.

Question 5 (0.5 points)

Wholesaler contracted with Foundry to buy all of Wholesaler's annual requirements for a range of valves manufactured to stated requirements from Foundry. The contract was for four years, with an option to extend for an additional two years, and the parties performed under it for three years before Wholesaler repudiated their agreement. In Foundry's suit against Wholesaler, Foundry's damages will be:

Question 5 options:

a) to sell an amount equal to Wholesaler's usual requirements for one year to another buyer, and recover the difference between the contract price and the market price.

b) to sell an amount equal to Wholesaler's usual requirements for one year to another buyer at a discount, because the valves were manufactured to Wholesaler's stated requirements, and recover the difference between the contract price and the market price.

c) lost volume profits based on Wholesaler's usual requirements for one year from the cancelled contract, because Foundry is a lost volume seller.

d) lost volume profits based on Wholesaler's usual requirements for three years from the cancelled contract, because Foundry is a lost volume seller.

Question 6 (0.5 points)

Mai was a highly skilled professional who entered into a two- year contract to work for Employer in a city where work in her field was uncommon. Eight months into the contract, Employer fired Mai without cause. Mai spent $2,000 travelling to interviews for comparable positions, but was unable to find full- time employment in her field. Mai was, however, able to secure a six-month contract for comparable work at a lower rate of pay. When Mai sues Employer for breach of contract, Mai will recover:

I. $2,000 spent travelling to interviews for comparable positions.

II. compensation equal to 16 months of the breached contract.

III. compensation equal to 10 months of the breached contract.

IV. compensation equal to 6 months of the breached contract, offset by earnings from the six-month contract.

Question 6 options:

a) I and II.

b) II only.

c) III and IV.

d) I, III, and IV.

Question 7 (0.5 points)

Port hired Builder to expand its existing container ship terminal to Port's specifications for $2,500,000, to serve as a terminal for larger containerships. Builder failed to follow Port's specifications regarding foundations, meaning that the terminal could not be expanded again (which was part of Port's long- term business plan). The cost to hire another contractor to fix the foundations to meet Port's specifications is $500,000. While the present value of the terminal is the same with or without the conforming foundations, the conforming foundations are estimated to reduce the cost of future expansion by at least $1,000,000. When Port sues Builder, Port will recover:

Question 7 options:

a) all amounts paid to Builder, up to $2,500,000.

b) all costs paid to fix the foundations.

c) all costs paid to fix the foundations, because the cost of fixing the problem is less than the value of the conforming performance.

d) none of the costs to fix the foundations, because the present value of the terminal is unaffected by whether the foundations are fixed or not.

Question 8 (0.5 points)

Eight foot, 11 inch tall Wadlow ordered a made-to-measure suit from Tailor. The same day that Wadlow's chosen fabric arrived at Tailor's shop, Tailor received an email from Wadlow cancelling the order. Tailor:

I. can mitigate damages by cutting the fabric to Wadlow's measurements and finishing the suit.

II. can mitigate damages by not cutting the fabric to Wadlow's measurements and using the fabric for other projects.

III. will be able to recover the contract price, if the suit is not reasonably resalable.

IV. will be able to recover the contract price, less the salvage value of the fabric.

Question 8 options:

a) I and III.

b) I and IV.

c) II and III.

d) II and IV.

Question 9 (0.5 points)

Eight foot, 11 inch tall Wadlow ordered a made-to-measure suit from Tailor. Just after Tailor had cut the fabric to Wadlow's measurements, Tailor received an email from Wadlow cancelling the order. Tailor must mitigate damages by:

Question 9 options:

a) finishing the suit.

b) not finishing the suit.

c) not finishing the suit and salvaging the cut fabric.

d) acting reasonably to minimize losses from the breach.

Question 10 (0.5 points)

Inventor contracts with Factory to have Factory produce Investor's new product, with Factory to receive a set price per each unit produced. In order to begin production of Inventor's new product, Factory must retool its assembly line, a process that takes one week and which requires Factory to shut down the assembly line. After completing retooling but before beginning production, Inventor calls Factory to cancel the contract. When Factory sues Inventor for breach, Factory will be able to recover:

I. the direct cost of retooling.

II. profits lost when the assembly line was being retooled.

III. the cost of raw materials purchased for production.

IV. commissions paid to resell raw materials purchased for production.

Question 10 options:

a) I and II.

b) I, II, and III.

c) I, III, and IV.

d) I, II, III, and IV.