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Exam 11: Contract Performance, breach, and Remedies

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Question 31

Multiple Choice

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State University provides housing on campus and in some adjacent off-campus neighborhoods.To lease a university house or apartment,a person must be a student at State.This requirement is

A) a condition.
B) a novation.
C) a breach of contract.
D) an operation of law.

E) B) and D)
F) None of the above

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Question 32

True/False

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When both an owner and a contractor breach a construction contract,a court will attempt to strike a fair balance in awarding damages.

A) True
B) False

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Question 33

Multiple Choice

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Ochre holds one ton of perishable fruit in storage for Produce Corporation.If Produce does not pay for the storage,under the doctrine of mitigation of damages,Ochre is held to a duty to

Don enters into a contract to buy Ezra's office building for a certain price subject to an appraiser's evaluation of the structure's condition.If the appraiser deems the condition to be substandard,the parties' obligations will be

The measure of compensatory damages does not vary by type of contract.

When a seller breaches a contract for a sale of goods,knowing the buyer plans to resell the goods,the buyer can recover the lost profits from the planned resale.

East Bay Café orders seafood from Fresh Catch Company.Fresh places the goods at East's disposal.Fresh's performance under the contract is

Consolidated Boring Corporation ships its only pump to Drills & Bits Inc. ,the manufacturer,for repair.Consolidated hires Everywhere Shipping,Inc. ,to take the pump to Drills & Bits and to return it to Consolidated as soon as the repair is complete.Consolidated is forced to suspend operations without a pump,but Everywhere Shipping does not know this.Consolidated expects to be without the pump for five days and to lose profits of $5,000.When the pump is not returned by the end of the fifth day,Consolidated rents a pump at a cost of $100 per day.Everywhere Shipping delays five more days before returning the pump.Consolidated files a suit against Everywhere Shipping,asking for compensatory,consequential,and punitive damages.Will Consolidated recover?

An accord and its satisfaction do not discharge an original contractual obligation.

Shuster's lease of retail premises from Thurgood requires Shuster to pay certain fees,subject to the landlord's proof of the correct amount.Thurgood overcharges Shuster for the fees,without explanation.Most likely,the tenant can rescind the lease

Reese contracts to sell her Spicy Pizza restaurant to Titian.As part of the deal,Reese agrees not to open a competing business within a hundred-mile radius for ten years.Reese later sues Titian,alleging that the agreement is illegal.To enforce the covenant not to compete,the court will most likely

A party who can show that he or she did not genuinely agree to the terms of a contract can still choose to carry out the deal.

Daisy enters into a contract with Evan for the construction of a Fast Food Café,according to a certain schedule.The parties perform some preparatory steps,but Evan materially and willfully fails to begin work on the specified date.To rescind the contract,Daisy must show that the parties can

In entering into a contract with Marc for the sale of a cold storage warehouse,Nan fails to reveal the fact that the freezers do not consistently maintain a proper temperature.Most likely,this is fraudulent misrepresentation if

A court will grant specific performance as a remedy only when the legal remedy is adequate.

A covenant not to compete imposed as part of a sale of an ongoing business will be enforced even if the restrictions are unreasonable.

Performance becomes commercially impracticable when a foreseeable,added burden of performing increases the cost slightly.

Music Masters Inc.enters into a contract to pay Nagi for a dozen original songs.Nagi transfers the right to payment under the contract to Omni Artists.After the transfer,Nagi's contract right to the payment is

Ilene,an accountant,and Jerry enter into a contract under which Ilene agrees to perform audits for Jerry's Plastics Company.Ilene can delegate the duty to perform the audits to

Persuasion that induces a person to act according to the will of a dominant party is undue influence.