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Bee is an employee of Credit Agency Inc. On the termination of Bee's position, Credit pays Bee $10,000 to agree not to disclose the employer's confidential information. Later, Bee sells the information to Debt Records LLC for $100,000. In a suit for breach, Credit is most likely to recover


A) $10,000 from Bee.
B) $110,000 from Bee.
C) $100,000 from Debt.
D) all future profits from Debt.

E) A) and B)
F) A) and C)

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Between parties in equal bargaining positions, a contract provision that states no damages can be recovered for certain types of breaches may be enforced.

A) True
B) False

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Faiz enters into a contract to buy 350 acres from Grain Farm to cultivate hops and open a brewery. Faiz fails to make the purchase. Grain Farm's remedy is most likely


A) the amount that Faiz expected to invest in the brewery.
B) a percentage of Faiz's unrealized profit.
C) the difference between the contract and market prices of the land.
D) nothing-Grain Farm still owns the land.

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

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The failure of one party to perform under a contract entitles the other party to rescind the contract.

A) True
B) False

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Lyn orally contracts to sell five acres of timber to Mountain Mill LLC. The buyer harvests the trees but fails to remit the full price. Because of the lack of a written contract, Lyn could most likely recover on a theory of


A) none of the choices.
B) restitution.
C) specific performance.
D) quasi contract.

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

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Renew Turf Inc. enters into a contract with Sports Park to provide surface material for Sports Park's baseball field by a certain date. The contract specifies an amount to be paid if Renew breaches the deal. This clause is enforceable if the amount is


A) meant to pay for additional work in the event of damage.
B) a reasonable estimate of the loss on the breach.
C) designed to penalize Renew.
D) intended to quickly provide cash to Sports Park.

E) A) and B)
F) B) and C)

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Berry Farm hires Chun to repair its irrigation system on site by a certain date for $2,500, but Chun fails to perform. Berry Farm hires Diego to do the job for $2,000. In a suit for breach, Berry Farm may recover from Chun


A) nothing-there is only a technical injury.
B) compensatory damages.
C) punitive damages.
D) nominal damages.

E) A) and D)
F) All of the above

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Liquidated damages provisions normally are unenforceable.

A) True
B) False

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The function of a quasi contract is to impose a legal obligation on a party who purposely failed to fulfill an express promise.

A) True
B) False

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On the breach of a contract for a sale of land when the seller has sold the property to someone else, an award of specific performance is unavailable.

A) True
B) False

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Lunch Truck Inc. contracts to deliver and serve Meal Catering Service's products to its clients for $5,000 per event, payable in advance. Meal pays the money, but Lunch fails to perform. Can Meal rescind the contract? Can Meal also obtain restitution? What does it mean to "rescind" a contract? How is a contract rescinded? What is restitution? How is restitution accomplished? Explain.

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Yes, Meal can rescind the contract and o...

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Bagels Bakery enters into a contract with Cineplex for discounted tickets for Bagels's employees. When Cineplex does not provide the tickets, Bagels enters into a contract with DigiMovies for the same service at a lower price. In a suit for breach, Bagels might be awarded nominal damages to


A) establish, as a matter of principle, that Cineplex acted wrongfully.
B) provide Bagels with funds for a foreseeable loss beyond the contract.
C) provide Bagels with funds for its loss of the bargain.
D) punish Cineplex and set an example to deter others from similar acts.

E) A) and D)
F) All of the above

Correct Answer

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