Exam 9: The End of the Contractual Relationship

On the theory that all land is unique, the courts in the past have been willing to award ________ whenever the parties to the purchase of land breached their contract.

A student bought an elaborate smartphone for the stated purpose of listening to his taped notes while he went for his daily run. The contract he signed with the seller included a clause excusing the seller from liability for the breach of "any term of the contract, whether a breach of condition or warranty whether express, implied, statutory, or otherwise." After only 30 days, the smartphone failed to function at all. It was totally useless for the student's purpose, so he took it back to the seller. The seller refused to take it back and pointed out the exemption clause in the signed contract. On these facts, which of the following could be true?

In the case of an anticipatory breach

Ellis agreed to paint Lee's house for $1500. A month before the performance was due, Lee called and told Ellis that she had changed her mind and was going to have her house stuccoed instead. Ellis insisted that they had a contract and that he was going to paint the house anyway. Lee repeated that she was not going to go through with it, but Ellis insisted the contract was still on. Before further steps could be taken by either party, Lee's house was destroyed by a freak airplane accident. Which one of the following statements describes the law applicable to these facts?

If a supplier failed to honour a contract to supply parts to Mr. Matheson and the court finds the supplier in breach of contract, which of the following would be incorrect with respect to how the court determines the amount of money to award to Matheson?

A term in a contract that says that on the occurrence of a specific event the parties' obligations will end is an example of a

Which of the following is true with regard to ending a contract by performance, agreement, frustration, or breach?

In B.C., Mr. Buyer sued Mr. Seller for breach of contract because Mr. Seller failed to deliver a computer system on time in accordance with their contract. Mr. Seller argued that he was not in breach and that the contract had been frustrated. The computer was destroyed by water when a careless driver knocked over a fire hydrant outside the warehouse holding the computer. No deposit had been paid. The court held that the contract was frustrated. Based on this ruling, how does the court handle the situation?

Which of the following is true with regard to remedies for breach of contract?

Suppliers of goods and services try to eliminate their liability, and the courts have discouraged this by applying the principle that some failures are so significant that there is no performance of the contract. This concept is known as

The courts are extremely reluctant to grant any compensation for the breaching party's partial performance of the agreement, unless the contractual obligations have been substantially performed.

A deposit must be returned if no damage has taken place.

The creation of a new contract through the substitution of a third party for one of the original parties to a contract, with consent by all, is known as ________.