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Exam 14: Discharge and Remedies

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Question 41

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Why did equitable remedies come into being?

A) To fashion remedies when existing laws did not provide adequate ones.
B) To fashion substitute remedies for established and adequate legal remedies.
C) To provide a means by which to award nominal damages.
D) To provide a means by which to award consequential damages.
E) To provide a means by which to award liquidated damages.

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

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Question 42

Multiple Choice

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

A) Partial and significant
B) Partial and complete
C) Partial and substantial
D) Complete and substantial
E) Complete and significant

F) A) and E)
G) A) and B)

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Question 43

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

If a contract does not clearly specify that the satisfaction is to be personal,the ________ standard applies.

Distinguish between objective impossibility of performance and subjective impossibility of performance,and describe the three main situations in which courts find objective impossibility.

Which of the following describes conditions explicitly stated in the contract?

Which type of damages would occur if the parties specify in advance the amount of losses or a formula in assessing the losses against the breaching party?

Which of the following describes conditions that are inferred from the nature and language of the contract?

Which of the following is a correct statement regarding complete performance?

The most frequently awarded damages in a breach of contract action are consequential damages.

From what country did equitable remedies recognized in the United States originate?

Creaky and Toady.Beverly decides to go on a great trip to Hawaii.She needs someone,however,to take care of her two dogs,Creaky and Toady,while she is gone.Creaky has hives,and Toady passes gas frequently because of a digestive problem.Beverly hires Frank three months in advance,and they reach a contractual arrangement whereby he will be paid $200 for keeping the dogs for two weeks.Frank comes over two months before Beverly is set to leave,takes one look at Creaky and Toady,and declares that they are too creepy to be around.Beverly then hires Alice who agrees to care for Creaky and Toady.Two weeks before Beverly is set to leave,however,Alice calls and tells her that she just broke both her legs in an automobile accident,sustained other injuries,and has been put on bed rest for two months.Finally,Alice hires Betty to care for the dogs and heads off to Hawaii,where she has a great time.Unfortunately,when Beverly returns home,she finds that Betty fell in love with Creaky and Toady and has absconded with them.It was a month before Beverly was able to get a court order requiring their return.Which of the following would be an order from the court requiring that Betty return Creaky and Toady to Beverly?

Which of the following are types of conditions that affect the performance obligations of the parties?

Which is not considered a discharge of contractual obligations by agreement?

Restitution is the termination of a contract,and rescission is the return of any property given up under the contract.

A(n) ________ breach discharges the nonbreaching party from his obligations under the contract.

The termination of a contract is known as ________.

Monetary damages are also referred to as ________ damages.

Express conditions are usually preceded by words such as conditioned on,if,provided that,or when.

Which of the following was the result on appeal in the Case Opener,the case in which Sara Creek Property Company argued that an award of damages,rather than an injunction,was the appropriate remedy in response to its alleged breach of contract by allowing a new pharmacy to move into a shopping mall in competition with Walgreen's?