Exam (elaborations)
BLAW 3201 Chapter 18 Exam Questions and Answers 100% Solved
BLAW 3201 Chapter 18 Exam Questions
and Answers 100% Solved
The breaching party is not liable for loss that was not __________ at the
time of entering into the contract. - foreseeable
The parties may stipulate in their contract that a certain amount of
__________ should be paid in case of a br...
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BLAW 3201 Chapter 18 Exam Questions
and Answers 100% Solved
The breaching party is not liable for loss that was not __________ at the
time of entering into the contract. - ✔✔foreseeable
The parties may stipulate in their contract that a certain amount of
__________ should be paid in case of a breach. - ✔✔liquidated damages
__________ damages are ordered in excess of actual loss and are
imposed for the purpose of punishing the defendant. - ✔✔Punitive
At time, a written contract does not correctly state the agreement already
made by the parties. When this occurs, either party may seek to have the
court correct the writing to state the agreement actually made. This
rewriting is known as: - ✔✔reformation.
The amount that could reasonably have been avoided is deducted from the
amount that would otherwise be recoverable as damages. This is known as
the doctrine of: - ✔✔mitigation of damages.
Courts of equity will not grant specific performance of contracts: - ✔✔for a
personal services contract.
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, When a judge enters a very small order for damages, when the plaintiff has
not sustained or cannot prove any injury or loss for a breach of contract
action, she has entered an order for: - ✔✔nominal damages.
A small sum of damages fixed without regard to the amount loss is known
as: - ✔✔nominal damages.
An injured party who rescinds a contract after having performed services
may recover the reasonable value of the performance rendered as: -
✔✔restitution.
When the damages sustained by the plaintiff can be measured in monetary
terms, specific performance will be: - ✔✔refused.
Compensatory damages are designed to place the injured party in a
position as good as the one he would have been in had the other party
performed, and are known as: - ✔✔consequential damages.
A court of equity, at its discretion, may grant a(n) __________ to command
the other party to refrain from doing a specific act. - ✔✔injunction.
Vinny asks if he should force Spud to finish the job. Could Oscar get a
court order requiring Spud to actually build the display? - ✔✔No, specific
performance is not allowed in this case, only money damages.
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.