Exam 18: Contract Remedies

UCC "Election of Remedies" rules would require the aggrieved party to choose one remedy he wants to pursue and forego the others.

Garrett ordered 100 pieces of 2 × 6 lumber from his supplier and paid upon delivery.Later,when he unpacked the lumber,he discovered that the supplier had delivered 2 × 4 lumber.After being notified,the supplier picked up the lumber,apologized,and gave Garrett his money back.The response the supplier made to rectify the breach is:

Bartow signed a contract to coach baseball for Washington High for a period of three years.After two years he is offered and accepts an assistant coach position at State University.Contract law will not allow Washington High to ask for:

Equitable remedies are available any time the plaintiff chooses them over money damages.

The basic remedy for misrepresentation is restitution.

Liquidated damages are an equitable remedy.

Restitution is available as an alternative remedy for a party's repudiation of the contract.

If a liquidated damage provision is found to be unenforceable,the injured party loses any remedy for breach of contract.

Courts of equity will enforce specific performance of contracts for personal service.

Equitable remedies will not be granted where:

A small damage amount fixed without regard to the amount of loss is known as:

Restitution involves a return of consideration or its value to the aggrieved party.

Which of the following is correct with respect to election of remedies?

In which of the following situations will a court grant specific performance?

Costs incurred to acquire a nondelivered performance from some other source are consequential damages.

Howard needs a truck to pull a 2,000-pound trailer.Gordon tells Howard,"My truck will pull a 2,000-pound trailer with ease." Relying on Gordon's statement,Howard buys the truck,but it will not pull a 2,000-pound trailer.If Gordon did not intend to deceive and Howard sues for nonfraudulent misrepresentation,he can recover:

Hadley Homes,a building contractor and Wesley have a contract,which calls for Hadley to build a 4-bedroom house with the completion of it by June 15.If the house is not completed by that date,the contract calls for Hadley to pay $100 per day in damages.The $100 per day is:

If the parties to a contract stipulate an amount that will be paid in the event of a breach (a liquidated damages clause),the courts will always enforce it.

In which of the following situations is restitution available as a remedy?

Busby contracts to build a house for Clara.Busby finishes approximately half of the house and quits.Clara files suit against Busby.Which remedy is not available to her?