DBIA- Contract Test Questions with Verified Answers Rated 100%
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DBIA- Contract
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DBIA- Contract
DBIA- Contract Test Questions with Verified Answers Rated 100%
Course of Performance - Answers Asks what was the Intent and what have parties done in THIS contract.
Parolavance - Answers Intent
Course of Conduct - Answers Asks what the performance was of similar contracts in the PAST.
Order of...
DBIA- Contract Test Questions with Verified Answers Rated 100%
Course of Performance - Answers Asks what was the Intent and what have parties done in THIS contract.
Parolavance - Answers Intent
Course of Conduct - Answers Asks what the performance was of similar contracts in the PAST.
Order of Precedence - Answers Details how you can handle a conflict between the specifications.
Reasonable Interpretation - Answers Courts Assume that people read contracts
Expectation Damages - Answers A breach of contract remedy that award the non-breaching party what
is reasonably expected from the contract.
Recission Damages - Answers A breach of contract remedy when expectation damages are not available.
It puts the parties back in the position they would be in if they had never entered into the contract at all.
Specific Performance - Answers A breach of contract remedy used when the subject is very unique and
the party must perform contract obligations under the contract. Example: Steel made specifically for one
job site.
Quantum Merit - Answers A breach of contract remedy that under limited circumstances the court may
find a way to equitably help a party who deserves it if the other party is unjustly enriched.
Breach of contract damages - Answers - Cannot be speculative
- Can only be limited to what is in the contract
- Only looks at economic losses no personal injury or 3rd party property damage.
Tort Law - Answers Legally created remedy for someone who has been wrongfully harmed by another
via Negligence or Intentional tort.
Bettermant - Answers A design liability that says you "need pay for your mistake at least once".
Limitation of Liability - Answers A design liability that doesn't cover the HIGH standard of care, only the
standard.
Risk Allocation - Answers Best to shift risk to those that can manage it best. Manage, Price and Insure...
The Risk.
Risk Analysis Process - Answers Get everyone in the same room, discuss unique risks to project and then
create a spreadsheet that describes each and determines who can best address with: insurance,
management of risk, pricing and acceptance of risk.
Risks to Design Build - Answers - Performance Specifications
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