Reasonably foreseeable consequential damages

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Reference no: EM133939204

Questions

1. Reasonably foreseeable consequential damages may be available to the non-breaching party.

True
False

2. A novation does not discharge the original contract.

True
False

3. Once there has been a delegation, the party who delegated is no longer liable on the contract.

True
False

4. Any type of contractual duty may be delegated.

True
False

5. Intended third party beneficiary (C) may enforce the "A-B" contract.

True
False

6. Consent of the party who still has duties under the contract is required before an assignment may be made.

True
False

7. Incidental damages are necessarily incurred because of a breach.

True
False

8. Generally, breach of contracts for the sale of land may be enforced by the purchaser through the remedy of specific performance.

True
False

9. A novation replaces an "A-B" contract with an "A-C" contract.

True
False

10. An accord and satisfaction will never discharge the underlying contract.

True
False

11. The contract remedy that cancels the contract and restories the parties to their original position is called

A. injunction
B. rescission and restitution
C. liquidated damages
D. All of the above

12. If a limited remedy does not accomplish what it is intended to accomplish,

A. will be disregarded.
B. will result in punitive damages being assessed against the breaching party.
C. will have no impact to the non-breaching party.
D. none of the above

13. When one with an employment contract has been wrongfully discharged, she

A. need take no action except to sue on the underlying contract
B. must take a similar job if offered, even at a lower salary
C. either A or B
D. none of the above

14. An incidential beneficiary may not sue on the underlying contract because

A. the contract did not intend to benefit them
B. they lack standing to sue
C. neither A or B
D. both A & B

15. An intended third party beneficiary may sue for breach of the underlying contract even though they don't have

A. legal representation
B. knowledge of the underlying contract when formed
C. privity with the party obligated to perform
D. any of the above

16. The contract remedy that cancels the contract and restories the parties to their original position is called

A. injunction
B. rescission and restitution
C. liquidated damages
D. All of the above

17. Incidental damages are awarded

A. in every breach of contract action
B. to compensate for expenses that are directly incurred as a result of a breach of contract
C. when liquidated damages would be insufficient
D. all of the above

18. Substantial performance will entitle a party to a contract to

A. enforce the contract as written
B. enforce the contract as written, less any damages lack of full performance caused the other party
C. A and B above
D. none of the above

Reference no: EM133939204

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