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1What three possible interests do remedies for breach of contract protect?
2Is a nonbreaching party still entitled to recover damages if a breach of contract caused no loss?
3In a contract for the sale of goods, what remedies are available to the seller upon the buyer’s breach?
4In a contract for the sale of goods, what remedies are available to the buyer upon the seller’s breach?
5Does a buyer who rightfully rejects or revokes acceptance of nonconforming goods retain a security interest in the goods?
6What are expectation damages?
7How are expectation damages calculated?
8An employer and an employee had a one-year employment contract. In the contract, the employer agreed to pay the employee $3,000 per month. The empl...
9If a breach of contract causes the nonbreaching party to lose business volume, is the entire amount of that lost volume recoverable as expectation ...
10A celebrity contracted with a manufacturer to endorse a product for a $5 million fee. The manufacturer repudiated the contract and refused to go fo...
11If a buyer breaches a contract for the sale of goods by refusing to accept delivery of conforming goods, what are the seller’s three possible measu...
12If a buyer breaches a contract for the sale of goods by failing to pay the price as it becomes due, how are the seller’s expectation damages measured?
13If a seller breaches a contract for the sale of goods by delivering nonconforming goods, how are the buyer’s expectation damages measured?
14What are incidental damages?
15What does the term cover mean with respect to a contract for the sale of goods?
16Does the UCC permit a buyer of goods to recover incidental damages upon a seller’s breach?
17Does the UCC permit a seller of goods to recover incidental damages upon a buyer’s breach?
18What are consequential damages?
19If a seller breaches a contract for the sale of goods, does the UCC permit the buyer to recover consequential damages?
20To recover damages from a defendant for a breach of contract, must the plaintiff prove that the defendant’s breach was the sole cause of the plaint...
21May a nonbreaching party recover damages for loss that the breaching party could not have reasonably foreseen as a probable result of the breach?
22A customer contracted with a taxi company for a ride to the airport. The taxi driver arrived 45 minutes late to pick up the customer, causing the c...
23May a nonbreaching party recover damages for a loss that cannot be proven to a reasonable degree of certainty?
24A fabric maker contracted to sell cloth to a tailor for the tailor’s use in making custom garments. However, the cloth had a latent defect that res...
25Is a party able to recover damages for a loss of future profits due to a breach of contract if the claimed amount is purely speculative?
26What are liquidated damages?
27A quarry contracted with a crusher to process the quarry’s gravel. The contract listed the price to be paid to the crusher for each ton of gravel p...
28A contract for the sale of goods stated: “If the buyer unjustifiably rejects delivery of the goods, then the buyer will be liable for the full pric...
29Is a contract provision that sets a maximum amount a party will pay in damages in the event of a breach a liquidated-damages provision?
30A warehouse contracted with an alarm company to install a security system. The contract said that if the system failed, the alarm company’s liabili...
31May a nonbreaching party recover damages for loss that she could have avoided without undue risk, burden, or humiliation?
32If a party to a contract continues to perform under the contract after the other party has clearly and totally repudiated the contract, may the per...
33If a nonbreaching party mitigates damages by entering a substitute contract, are the economic gains from the substitute contract offset against the...
34A school wrongfully dismissed a coach six months before the end of the coach’s contractual term of employment. After three months of searching for ...
35After one party breaches a contract, must the nonbreaching party enter into an exact substitute transaction to satisfy its duty to mitigate damages?
36If a party has breached a contract but assures the nonbreaching party that his performance will be forthcoming, is it reasonable for the nonbreachi...
37What is rescission?
38Is rescission available as a remedy for a nonmaterial breach of contract?
39A buyer paid a seller $250,000 for an intricate wood-inlay table. The seller told the buyer that the table was an antique made in France during the...
40Is rescission available even if the defendant cannot be returned to the status quo as it existed before the material breach?
41In general, if one party has materially breached a contract and the nonbreaching party says she is rescinding the contract in response to the breac...
42If a buyer or seller in a contract for the sale of goods uses the word “rescission” or “cancellation,” does the UCC bar a claim for damages arising...
43What is reformation?
44Is reformation available as a remedy for a mutual mistake?
45Does the parol evidence rule preclude evidence supporting the reformation of a contract to correct a transcription error?
46A buyer and a seller agreed orally to the sale of the seller’s house for $650,000. In drafting the subsequent written agreement, the seller made a ...
47Under what circumstances is reformation available as a remedy for misrepresentation?
48What is specific performance?
49In general, what must a plaintiff show to obtain an order for specific performance?
50A buyer agreed to buy a seller’s house. After the agreement of sale had been signed but before the transaction closed, the seller became seriously ...
51In evaluating whether damages would be an inadequate remedy, as required for a party to be entitled to specific performance of a contract, do court...
52Under the UCC, what must a buyer of goods typically show to obtain an order of specific performance that compels the seller to deliver the goods?
53May a party to a contract enjoin the other party from breaching the contract?
54What must a party to a contract show to obtain an injunction?
55A company entered into an employment contract with an engineer under which it hired the engineer to run its research and development department, wh...
56Under what circumstances would a court deny specific performance or an injunction because the relief is unfair?
57If a party to a contract retains a right of termination, will a court enter an order for specific performance or an injunction against that party?
58Can a nonbreaching party receive both an injunction and monetary compensation for a breach of contract?
59What are performance-based damages?
60What are reliance damages?
61What are restitution damages?
62A seller spent $5,000 to draft blueprints for the design of a custom-built machine ordered by a buyer. Without ever seeing or taking the blueprints...
63A buyer bought a condominium from a seller for $300,000. The buyer made a $30,000 down payment to the seller at the time of signing the contract. A...
64A builder entered into a contract with a homeowner to renovate the homeowner’s kitchen for a price of $60,000. The builder had underestimated the a...
65May a party recover incidental and consequential damages, in addition to performance-based damages?
66May a party who has performed under a contract that is unenforceable recover in restitution?
67May a party recover the value of her performance given under a contract that is unenforceable due to indefiniteness if the party has also received ...
68Is a claimant always required to show unjust enrichment to recover in restitution after performing under a contract that is unenforceable due to il...
69May a party who has performed under a contract that is unenforceable due to the other party’s incapacity recover in restitution?
70May a claimant who has performed under a contract that is unenforceable due to mistake or change in circumstances recover in restitution?
71May a party who has performed under a contract that is unenforceable due to mistake or change in circumstances recover in restitution without provi...
72If a party performs a disputed obligation under a contract, may he later recover in restitution if it is determined that his performance was not owed?
73Is a party who has materially breached a contract entitled to recover the contract price of her performance up to the time of the breach?
74What is a divisible contract?
75A builder contracted with the county to build a bridge over a river. The contract did not say that it was divisible, but it specified the price for...
76If a buyer breaches a contract for the sale of goods and the seller withholds the delivery of goods due to the buyer’s breach, is the buyer entitle...
77For a breach-of-contract claim, the formula for calculating expectation damages is:________ + ________ − ________ = expectation damages.
78For a breach-of-contract claim, what are incidental damages?
79For a breach-of-contract claim, what are consequential damages?
80For a breach-of-contract claim, may the injured party recover damages for losses that actually occurred but that could have been avoided with reaso...
All flashcards
80 cards