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

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Poole Contractors makes a contract with Delta Resources to pay $50,000 for the supply of 500 truckloads of sand within a week.Delta Resources delivers the sand two days after the contract was made,and Poole Contractors pays it $50,000 promised in the contract.This is an instance of ________.

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D

Nett Labs orders 30 desktop computers from iDeal,a local computer dealer.Nett Labs requires that each computer has a 2.6 GHz processor,500 GB hard disk,and Windows operating system.iDeal supplies 30 desktop computers,each with a 2 GHz processor,500 GB hard disk,and Windows operating system.Which of the following terms hold true for iDeal's performance?

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C

Kinlin,a furniture retailer,has a contract with William,a carpenter.The agreement states that William must deliver five tables and that Kinlin would pay $2,000 per table.However,William manages to deliver only four tables and Kinlin needs to buy the fifth table from another supplier for $3,000.How much money can Kinlin recover from William?

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When does a minor breach occur?

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Which of the following hold true in a case of liquidated damages?

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Consequential damages arise from circumstances outside a contract.

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

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

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The recovery for breach of contract is usually limited to contract damages.

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Disclaimer of consequential damages is unlawful in most instances.

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Intentional interference with contractual relations arises when a third party induces a contracting party to breach the contract with another party.

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

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An injunction is an equitable doctrine that permits the court to rewrite a contract to express the parties' true intentions.

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When there is substantial performance of a contract,the nonbreaching party may sue to recover the cost to repair the defect.

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If an employer breaches an employment contract,the employee owes a duty to mitigate damages by trying to find substitute employment.

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Specific performance is not awarded in contracts for the sale of land.

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Minor breach occurs when a party renders substantial performance of his or her contractual duties.

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

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Specific performance is awarded if the subject matter of the contract is unique.

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Distinguish minor breach from material breach.

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