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 condition precedent is an example of a contract being ended by agreement.

Discuss exculpatory (exemption)clauses and how the courts treat them.

A person who breaches a contract is responsible for all of the loss that flows from the breach,no matter how unforeseeable.

The purpose of damages in contract law is to put the victim in the position he would have been in had the contract been properly performed.

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

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

In a jurisdiction other than 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 the contract.Mr.Seller argued that he was not in breach,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.Given this ruling,how does the court handle the situation?

When an outside,unforeseen event interferes with the performance of a contract,and there is some other way to fulfill the contract,performance is required.

Ellis agreed to paint Lee's house for a price of $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 restuccoed 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?

Explain the limitations on the ability to request and receive equitable remedies in breach of contract cases.

Which of the following statements is correct with respect to breach of contract?

Sam entered into a contract for the purchase of a used dump truck from "Joe's Heavy Duty Trucks." The written contract clearly specified,among other things,that "it shall be a warranty for this contract that the truck has the capacity of carrying and properly dumping loads of up to 4000 kg of gravel." In fact,when Sam loaded the truck with 4000 kg of gravel,he discovered that the hoist on the truck was not capable of dumping it.Only if the load was reduced to 3000 kg could the gravel be dumped.Sam obtained an estimate stating that it would cost $8000 to reinforce the hoist mechanism of the truck so that it could handle the dumping of 4000 kg of gravel.When Sam approached Joe demanding satisfaction,Sam pointed out another term of the agreement that stated that in the event of a breach of contract the "maximum damages payable to the purchaser are limited to $5000." Sam sued.Which of the following statements is correct with respect to the legal position of the parties?

When a contract anticipates some catastrophic event,such as a riot,invasion,earthquake,or flood that will interfere with the performance of the contract,this is referred to as a

Injunction is an example of an equitable remedy.

When a condition is breached,the victim can only sue for damages but must continue to perform their obligations under the 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

An agreement by both sides to terminate the contract or to disregard a term of the contract is known as ________.

Explain what is meant by an "accounting" as a remedy in contract law.

In Meditek Laboratory Services Ltd.v.Purolator Courier Ltd.,a Purolator employee delivered equipment to the wrong address and then falsified documents.In a subsequent lawsuit,Purolator relied on an exemption clause that limited its liability "whether or not from negligence or gross negligence".What properly describes the outcome in this case?