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Exam 13: Contract Performance Breachapter and Remedies

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Question 41

Multiple Choice

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Analytics LLC processes misinterpreted data furnished by Botch Services to propose a marketing plan for Clientele Inc. Analytics and Clientele are both ignorant of the mistaken data. Their contract can be rescinded on the basis of

A) a bilateral mistake.
B) a mistake of quality.
C) a unilateral mistake.
D) none of the choices.

E) B) and D)
F) C) and D)

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Question 42

Multiple Choice

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Reese contracts to sell a 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) award damages for Reese's complete compliance with the terms.
B) reform the contract to make the distance and time limits reasonable.
C) rescind the contract and require restitution.
D) order specific performance.

E) B) and C)
F) C) and D)

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Question 43

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Because value is variable, mistakes of value affect the enforceability of contracts.

If contracting parties attach materially different meanings to a contract word or term subject to more than one reasonable interpretation, a court may allow the contract to be rescinded.

Jamal and Keri enter into a contract for Jamal to renovate Keri's house by a certain date. Jamal never performs. After the applicable limitations period has passed, Keri decides to bring a suit against Jamal for breach. This suit

Eugene, an accountant, convinces his client Faye to enter into a contract to invest her savings in Gather, a non-existent social media site. There is clear and convincing evidence that Faye did not act out of her free will. This is

Jet enters into a contract to buy a certain warehouse from Kim. At the closing, Kim refuses to transfer title. In a suit for breach, Jet should seek specific performance to

The essential feature of undue influence is that a party being taken advantage of suffers from a mental or physical impairment.

Ordinarily, every party to a contract has a duty to come forward and disclose facts.

Ewa is induced by her guardian Filo to sign a contract to invest funds in Gold Inc. through Filo's investment firm. Unknown to Ewa, Filo realizes a commission from the investment. Most likely, Ewa can rescind the contract on the basis of

Food Court Inc. leases space to Gourmet Café. Gourmet abandons the premises when the amount of the rent due on the lease is $5,000. Food finds a new tenant, Hasty Bowls, which agrees to pay $3,500 for the space over the remainder of Gourmet's term. Food's measure of damages is

When a buyer breaches a contract for a sale of land, the seller can recover the difference between the contract price and the market price of the land.