Exam 13: Breach of Contract and Its Remedies

A breach of a minor term in a contract

Even if the wording of an exemption clause applies to a situation that has occurred and the clause is not determined to be unconscionable at the time the contract was formed,a court may still refuse to enforce it if the injured party can

Which of the following is NOT true about how a breach may occur?

An exemption clause in a contract can protect a party from liability for

Peevyhouse v.Garland Coal & Mining Company is a decision of a United States court.Given the decision in this case,and applying the rule of stare decisis as it pertains to decisions of Canadian courts,just how valuable is the decision in this case,and should it be adopted in Canada?

Unconscionable terms in a contract can be unfair even if they are agreed to by parties of equal bargaining power.

Liability in contract

Give an example of damages that flow naturally from the breach of a contract.

Jack's supplier fails to deliver the products Jack has ordered at the required time.Jack is expected to do what he can to reduce his losses.This is called mitigation of losses.

Where the parties to a contract agree in advance on an amount of damages to be paid in the event of a breach,in order for the damages to be effective,

Use this fact situation to answer the questions that follow. On January 1,A Co.enters into a contract with B Co.to build a stadium.The date of completion of the contract is August 1.On February 2,A Co.faxes to B Co.a letter that states that it is having problems with its steel girder supplier and that if these continue,it may not be able to complete on time,although it will try to find other suppliers if necessary.On February 15,B Co.enters into a contract with C Co.to build the stadium.On March 1,A Co. ,which finally received its shipment of steel girders,attended at the construction site to begin its work only to find C Co.there.In a lawsuit by A Co.against B Co. ,B Co.will argue that

Use the fact situation in Q8 to answer the related question that follows. If the sign had been facing you as you drove into the parking lot but had read "The owners of this parking lot will not be responsible for any damage to your car," in a lawsuit by you for damage to the car and for the stolen contents,

The concepts of unjust enrichment and restitution are part of the gradually expanding development in the area of

The effect of the doctrine of substantial performance is that

A warranty is

Which of the following is NOT true?

Where a person has a contractual obligation,he or she has to perform the whole obligation before being entitled to enforce the contract.He or she cannot perform part of the obligation and then seek to enforce the contract.

Chin Chang agreed to buy an antique dresser from Pedro for $2500.He made a down payment of $750 and agreed to return and pick the item up at a later date.However,when he returned,Pedro refused to give him the furniture,saying that he had found a buyer who would pay a higher price.Chin Chang may be entitled to which of the following equitable remedies?

Where by reason of a breach of contract an innocent party suffers loss,

Which of the following is NOT an equitable remedy?