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If performance of a contract is not substantial, there is a material breach.

A) True
B) False

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Quest Resources, Inc., contracts with Ring Communications Corporation (RCC) for RCC to design and build an all-weather communications system for Quest's field operations. RCC builds the system, but it functions effectively only in good weather. Is this a breach of the contract? If so, what remedies does Quest have?

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Performance far below reasonable expecta...

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A novation requires the existence of a previous, valid obligation.

A) True
B) False

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True

Ready Repair Service enters into a contract to fix washers and dryers in Scrub n' Dry Company's coin-operated laundries. Ready breaches the contract. Scrub n' Dry is awarded compensatory damages. The purpose is to


A) establish, as a matter of principle, that Ready acted wrongfully.
B) provide Scrub n' Dry with funds for a loss beyond the contract.
C) provide Scrub n' Dry with funds for its loss of the bargain.
D) punish Ready and deter others from similar acts .

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

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


A) conditional .
B) complete .
C) material.
D) substantial.

E) All of the above
F) B) and C)

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Cow's Milk LLC needs a certain part for its pasteurizing equipment to continue its operations and orders one for $3,000 from Dairy Supplies Inc. Cow's Milk tells Dairy Supplies that it must receive the part by Tuesday or it will lose $10,000. Dairy Supplies ships the part late. Cow's Milk can recover


A) $13,000.
B) $10,000.
C) $3,000.
D) $0.

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

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A breach of contract occurs when a party fails to perform part or all of the required duties under a contract.

A) True
B) False

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Build-well Construction LLC contracts to build a warehouse for Corporate Storage Inc. Corporate does not have to pay Build-well if the warehouse is not built. Their respective promises are


A) conditioned on the occurrence of an event.
B) conditioned on the nonoccurrence of an event.
C) conditioned on Build-well's performance.
D) not conditioned.

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

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D

Verna enters into a contract to work as a lifeguard at Water Park for the summer in exchange for a weekly paycheck. The duties under this contract will be discharged when the duties are


A) avoided .
B) breached.
C) conditioned.
D) performed.

E) B) and C)
F) All of the above

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Restoration Inc. enters into a contract to refurbish an old bus depot for Quality Café LLC. If Restoration completes most of the work promised in the contract, its performance will be


A) conditional .
B) complete .
C) material.
D) substantial.

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

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The most common way to terminate contractual duties is by performance.

A) True
B) False

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Restitution is a way to avoid the unjust enrichment of one party at the expense of another.

A) True
B) False

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Copper Circuit, Inc. and Direct Electric LLC sign an agreement that provides for the payment of "$1,000 by whichever party commits a material breach of the contract that creates damages difficult to estimate but approximately $1,000." This is


A) a liquidated damages clause.
B) a mitigation of damages clause.
C) a consequential damages clause.
D) a penalty clause.

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

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A

When the subject matter of a contract is personal, the performance need only satisfy a reasonable person.

A) True
B) False

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Guido and Hal want to rescind their contract under which Guido sold Hal a mountain bike for $250. To rescind the contract


A) Guido must return the $250 and Hal must return the bike.
B) Guido must return the $250 only.
C) Hal must return the bike only.
D) the parties can keep the "benefits" of their bargain.

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

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T he measurement of compensatory damages does not vary by type of contract.

A) True
B) False

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The amount of compensatory damages is based on the level of wrongdoing by the breaching party.

A) True
B) False

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Sara enters into a contract to sell her vacation condo to Ted for a certain price on a specific day. On that day, Sara unconditionally offers to perform. Sara's offer


A) conditions Ted's promise to pay for the property.
B) constitutes tender of performance.
C) excuses the parties' performance under the contract.
D) suspends the parties' contractual obligations.

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

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Special damages that compensate for a loss that goes beyond the contract itself are compensatory damages .

A) True
B) False

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Gliders, LLC, and Hang Time, Inc., are parties to a contract. They subsequently agree that In the Wind Inc. should take Gliders' place and assume all of its rights and duties under the contract. This is


A) a mutual agreement to rescind.
B) an accord and satisfaction.
C) a novation.
D) specific performance.

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

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