Question 1

In Alba v.Kauffman,the court ruled that specific performance regarding the sale of land and 19th century farmhouse:

Accepted Answer

A)  did not apply because monetary damages were sufficient to bring justice. 
B)  did not apply because the Alba's filed suit before the settlement date so Kauffman had not yet breached the contract. 
C)  applied because land is always considered unique. 
D)  applied because the land was not unique but the farmhouse was. 
E)  applied because a non-breaching party always has a choice between monetary damages and equitable remedies. 
A)  did not apply because monetary damages were sufficient to bring justice. 
B)  did not apply because the Alba's filed suit before the settlement date so Kauffman had not yet breached the contract. 
C)  applied because land is always considered unique. 
D)  applied because the land was not unique but the farmhouse was. 
E)  applied because a non-breaching party always has a choice between monetary damages and equitable remedies.

Question 2

The doctrine that places a duty on a non-breaching party to take reasonable steps to reduce damages is called:

Accepted Answer

A)  liquidation. 
B)  mitigation. 
C)  garnishment. 
D)  avoidance. 
E)  reciprocal duties. 
A)  liquidation. 
B)  mitigation. 
C)  garnishment. 
D)  avoidance. 
E)  reciprocal duties.

Question 3

Anticipatory breach of a contract is also referred to as anticipatory ________.

Accepted Answer

A)  reclamation 
B)  regeneration 
C)  repudiation 
D)  restoration 
E)  proclamation 
A)  reclamation 
B)  regeneration 
C)  repudiation 
D)  restoration 
E)  proclamation

Question 4

Monetary damages are recoverable only when a material breach of contract has occurred.

Accepted Answer

A) True 
 B)False

Question 5

When used to enforce the collection of a judgment,a writ of garnishment is used to access property that is in the hands of someone other than the judgment debtor.

Accepted Answer

A) True 
 B)False

Question 6

Consequential damages are ________ damages that arise from circumstances outside a contract.

Accepted Answer

A)  hypothetical 
B)  foreseeable 
C)  liquidated 
D)  punitive 
E)  nominal 
A)  hypothetical 
B)  foreseeable 
C)  liquidated 
D)  punitive 
E)  nominal

Question 7

Where there has been a material breach of contract,the non-breaching party may ________ the contract and seek ________ of any compensation paid under the contract to the breaching party.

Accepted Answer

A)  rescind; restitution 
B)  rescind; reclamation 
C)  abscond; restitution 
D)  abscond; reclamation 
E)  avoid; reclamation 
A)  rescind; restitution 
B)  rescind; reclamation 
C)  abscond; restitution 
D)  abscond; reclamation 
E)  avoid; reclamation

Question 8

An insurer may not be held liable under any circumstances for refusing to settle a case,because that decision is within the sole discretion of the insurer.

Accepted Answer

A) True 
 B)False

Question 9

Compensatory damages are intended to compensate a non-breaching party for the loss of the bargain.

Accepted Answer

A) True 
 B)False

Question 10

Specific performance is generally awarded:

Accepted Answer

A)  in cases where nominal damages are also awarded. 
B)  where the contract involves the sale of property that is unique. 
C)  only under the Uniform Commercial Code 
D)  when the non-breaching party requests it. 
E)  only if provided for in a liquidated damages clause. 
A)  in cases where nominal damages are also awarded. 
B)  where the contract involves the sale of property that is unique. 
C)  only under the Uniform Commercial Code 
D)  when the non-breaching party requests it. 
E)  only if provided for in a liquidated damages clause.

Question 11

If a contract has been breached,the law related to mitigation of damages places a subsequent duty on the breaching party to make reasonable efforts to mitigate the resulting damages.

Accepted Answer

A) True 
 B)False

Question 12

The doctrine of reformation holds that the only way to correct a contractual provision that does not reflect the intentions of the parties is by mutual agreement of the parties.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following types of damages could generally be simultaneously recovered in the same breach of contract action?

Accepted Answer

A)  nominal and liquidated 
B)  compensatory and liquidated 
C)  compensatory and consequential 
D)  consequential and liquidated 
E)  hypothetical and conjectural 
A)  nominal and liquidated 
B)  compensatory and liquidated 
C)  compensatory and consequential 
D)  consequential and liquidated 
E)  hypothetical and conjectural

Question 14

Rescission is not available where there has been a material breach of contract.

Accepted Answer

A) True 
 B)False

Question 15

A breach of a contract cannot occur until the time for performance of the duty in question.

Accepted Answer

A) True 
 B)False

Question 16

When an employee breaches a fixed-term employment contract by quitting before the end of the term,what can the employer recover as damages?

Accepted Answer

A)  nothing, because courts do not order anyone to perform a job against his or her will 
B)  all amounts already paid to the employee under the contract 
C)  only amounts paid to the employee for which the employee has not yet done the work 
D)  the costs of hiring a replacement employee, plus any increase in salary paid to the replacement employee 
E)  only specific performance 
A)  nothing, because courts do not order anyone to perform a job against his or her will 
B)  all amounts already paid to the employee under the contract 
C)  only amounts paid to the employee for which the employee has not yet done the work 
D)  the costs of hiring a replacement employee, plus any increase in salary paid to the replacement employee 
E)  only specific performance

Question 17

Which of the following is a type of damages recoverable in a breach of contract action?

Accepted Answer

A)  compensatory 
B)  tangential 
C)  non-liquidated 
D)  phenomenal 
E)  non-cumulative 
A)  compensatory 
B)  tangential 
C)  non-liquidated 
D)  phenomenal 
E)  non-cumulative

Question 18

Ancillary breach of contract occurs when a contracting party informs the other party in advance that he or she will not perform his or her contractual duties when due.

Accepted Answer

A) True 
 B)False

Question 19

When,generally,are equitable remedies available?

Accepted Answer

A)  They are usually the first remedy that a court will try to apply. 
B)  They are required to be used alongside any legal remedy. 
C)  They are only awarded when a breach of contract case has been appealed. 
D)  They are used when the legal remedy does not adequately compensate the non-breaching party. 
E)  They are awarded only if specific performance cannot be awarded. 
A)  They are usually the first remedy that a court will try to apply. 
B)  They are required to be used alongside any legal remedy. 
C)  They are only awarded when a breach of contract case has been appealed. 
D)  They are used when the legal remedy does not adequately compensate the non-breaching party. 
E)  They are awarded only if specific performance cannot be awarded.

Question 20

You have interviewed for a job and received a call that they want you to come in again so they can make an offer to you face to face.In the lobby of the building,a competitor approaches you and offers you a job with them at a very attractive salary which you accept on the spot signing a contract.When the company you interviewed with hears what happened,they are furious.Do they have a cause of action?

Accepted Answer

No,they do not.Interference with contrac

Exam 14: Breach of Contract and Remedies

In Alba v.Kauffman,the court ruled that specific performance regarding the sale of land and 19th century farmhouse:

The doctrine that places a duty on a non-breaching party to take reasonable steps to reduce damages is called:

Anticipatory breach of a contract is also referred to as anticipatory ________.

Monetary damages are recoverable only when a material breach of contract has occurred.

When used to enforce the collection of a judgment,a writ of garnishment is used to access property that is in the hands of someone other than the judgment debtor.

Consequential damages are ________ damages that arise from circumstances outside a contract.

Where there has been a material breach of contract,the non-breaching party may ________ the contract and seek ________ of any compensation paid under the contract to the breaching party.

An insurer may not be held liable under any circumstances for refusing to settle a case,because that decision is within the sole discretion of the insurer.

Compensatory damages are intended to compensate a non-breaching party for the loss of the bargain.

Specific performance is generally awarded:

If a contract has been breached,the law related to mitigation of damages places a subsequent duty on the breaching party to make reasonable efforts to mitigate the resulting damages.

The doctrine of reformation holds that the only way to correct a contractual provision that does not reflect the intentions of the parties is by mutual agreement of the parties.

Which of the following types of damages could generally be simultaneously recovered in the same breach of contract action?

Rescission is not available where there has been a material breach of contract.

A breach of a contract cannot occur until the time for performance of the duty in question.

When an employee breaches a fixed-term employment contract by quitting before the end of the term,what can the employer recover as damages?

Which of the following is a type of damages recoverable in a breach of contract action?

Ancillary breach of contract occurs when a contracting party informs the other party in advance that he or she will not perform his or her contractual duties when due.

When,generally,are equitable remedies available?

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In Alba v.Kauffman,the court ruled that specific performance regarding the sale of land and 19^th century farmhouse:

Where there has been a material breach of contract,the non-breaching party may the contract and seek of any compensation paid under the contract to the breaching party.