Exam 16: Remedies for Breach of Traditional and E-Contracts

Which of the following is used in case of a breach of contract that cannot be adequately compensated through a legal remedy?

Writ of garnishment is an order of the court that enables a government officer to seize property of the breaching party and sell it at auction to satisfy a judgment.

How are compensatory damages awarded for construction contracts?

Which of the following constitutes material breach?

The amount of compensatory damages that will be awarded for breach of contract depends on which party breached the contract.

Mitigation of damages is a nonbreaching party's legal duty toward avoiding or reducing damages caused by a breach of contract.

Disclaimer of consequential damages is unlawful in the United States.

A nonbreaching party cannot rescind the contract in the event of a material breach.

________ is an action to undo a contract.

________ is a situation in which a party to a contract renders performance exactly as required by the contract.

As a part of downsizing, Richmond and Sons fired an employee before his employment contract had lapsed.Is the employee obliged to mitigate damages? Explain.

Mary buys a new toaster for $500.The toaster's label bears a disclaimer stating that the manufacturer is not liable for consequential damages.On Monday morning, while Mary is using the toaster, it emits sparks and damages the electric wiring in the kitchen.The electrician tells Mary that the toaster malfunctioned and that the cost of repairs in her kitchen would come up to $2, 000.What can Mary recover from the manufacturer of the toaster?

________ place the nonbreaching party in the same position as if the contract had been fully performed.

Parties to a contract agree upon liquidated damages after the contract has been breached.

Anticipatory repudiation occurs when one contracting party informs the other that he or she will not perform his or her contractual duties when due.

The recovery for breach of contract includes tort damages.

Kinetosphere Automation Inc.(K.A.)makes a mandatory employment contract with all its employees.The contract states that K.A.'s employees are not to work for any other organization while they are employed by K.A.If K.A.finds an employee who is also serving another company, it can approach the court to obtain a(n)________ to prevent the employee from working in the other company.

Liquidated damages are awarded only if actual damages are precisely determined.

To obtain an injunction, the requesting party must show that he or she will suffer irreparable injury if the injunction is not issued.

Which of the following constitutes a case of anticipatory breach?