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Exam 20: Performance,Breach of Contract,discharge,and Remedies

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Question 21

Multiple Choice

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Which of the following is an order either forcing a person to do something or prohibiting a person from doing something?

A) Specification
B) Directive
C) Instructional edict
D) Demand
E) Injunction

F) A) and B)
G) A) and D)

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Question 22

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Contractual conditions may be expressly inserted into the contract by the parties but may not be implied by law.

A) True
B) False

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Question 23

Multiple Choice

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Which of the following describes conditions that are not explicitly stated but are inferred from the nature and language of the contract?

Which of the following are the two primary kinds of performance?

Which of the following types of damages are designed to punish the defendant and deter him and others from engaging in similar behavior in the future?

The provision that Maurice did not have to buy the house unless he was able to get a loan is referred to as which of the following?

A condition ______ is a future event that terminates the obligations of the parties when it occurs.

In a case where no actual damages result from the breach of a contract,the court may award the plaintiff nominal damages.

An offer of performance by being ready,willing,and able to perform is known as ____.

Which of the following are foreseeable damages within the contemplation of the parties at the time the contract was made,and that result from special facts and circumstances arising outside the contract itself?

Substitution of a party to a contract is called guaranteeing.

Under which of the following type of damages do the parties specify in advance the damages if there is a particular kind of breach?

Which of the following is true regarding the result in the case in the text Thrifty Rent-A-Car System v.South Florida Transport,in which the plaintiffs sued the defendant,the operator of a Thrifty franchise,for amounts owed,but the defendant resisted payment on the basis that several hurricanes rendered the business operations commercially impractical?

Which of the following damages are designed to put the plaintiff in the position he or she would have been in had the contract been fully performed?

When an enforceable contract does not exist,the court may grant a recovery based on quasi-contract in order to prevent an injustice from occurring.

Willis' offer to put Robert in the position he would have been in had the proper faucets and linoleum been used is based on the measure used for what type of damages?

Which of the following requires that the breaching party fulfill the terms of the agreement?

The provision that the seller will release Maurice from any obligation if he lost his job is referred to as which of the following?

Which of the following occurs when a party unjustifiably fails to substantially perform his or her obligations under the contract?

Set forth the elements for a finding of substantial performance and the effect of a finding of substantial performance on damages.