Reference no: EM133312728
Assignment:
1. Consequential damages are special damages for a loss that is not the direct or immediate result of a breach of contract. To recover consequential damages, the non-breaching party must provide evidence that ____________.
a. the maximum amount of consequential damages payable was specifically listed in the contract
b. the damages were foreseeable
c. the breaching party knew of the special circumstances giving rise to the consequential damages
d. both the maximum amount of consequential damages payable was specifically listed in the contract and the breaching e.party knew of the special circumstances giving rise to the consequential damages
2. Courts will enforce contract clauses that include liquidated damages as a remedy even if the court finds the contract clause was structured as a penalty for breach of contract. T/F
3. A(n) _______________ is a provision in a contract stating that no damages can be recovered.
a. limitation of liability clause
b. mitigation of damages clause
c. exculpatory clause
d. rescission
4. Article 2 of the UCC regarding sales of goods applies to tangible and movable property, but only if both parties are merchants. T/F
5. Some examples of open terms that a court can fill in under UCC rules include ________________.
a. quantity, price, and duration
b. quantity, payment, and delivery
c. price and payment
d. all of the above
6. Under the UCC, a merchant can make a firm offer, without consideration, that is irrevocable for a reasonable (or stated) period of time so long as the option is in writing and signed by the offeror. T/F
7. The UCC keeps the common law mirror image rule, which means that any changes to a contract are treated as a rejection of the contract and a counter-offer. T/F
8. The UCC replaced the common law concept of title with the following concept(s): __________________.
a. identification
b. passage of title
c. risk of loss
d. insurable interest
e. all of the above
9. In a UCC contract, either the seller or the buyer can insure the goods, but the seller and the buyer cannot simultaneously insure the goods. T/F