Exam 18: Contract Remedies

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Match each statement with the correct term below. -unilateral contract

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Where a contract is unenforceable because of the statute of frauds,a party may recover the benefits conferred on the other party in reliance on the contract.

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Howard needs a truck to pull a 2,000-pound trailer.Gordon tells Howard,"My truck will pull a 2,000 pound trailer with ease." Relying on Gordon's statement,Howard buys the truck,but it will not pull a 2,000-pound trailer.If Gordon did not intend to deceive and Howard sues for nonfraudulent misrepresentation,he can ask for:

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Match each statement with the correct term below. -breach

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In which of the following situations will a court grant specific performance?

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Match each statement with the correct term below. -novation

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Match each statement with the correct term below. -exculpatory clause

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Barbara,an antique dealer,intentionally misrepresents the value of an antique chest of drawers,as $6,000 when she has reason to know the value is considerably less.Margaret agrees to buy it for $5,500.It is worth $2,500.In a state that uses the "out-of-pocket" rule,Margaret's damage award would be:

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The purpose of reliance damages is to place the injured party in a position as good as he would have held if the contract had not been made.

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Match each statement with the correct term below. -bilateral contract

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Match each statement with the correct term below. -promissory estoppel

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To fully compensate a plaintiff for losses suffered for a breach of contract,punitive damages are always awarded.

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Explain three limitations on monetary damages.

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Eve agrees to sell her boutique to Shelley for $150,000.Shelley spends $60,000 on inventory and fixtures for the store,but then Eve repudiates the contract.Shelley is able to sell the inventory and fixtures for $45,000.Since Shelley cannot establish her lost profits with reasonable certainty,discuss what damages she should seek for Eve's breach of contract.

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Restitution requires a return of value to the aggrieved party.

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Contract damages that put the injured party in as good a position as if the other party had performed are:

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Busby contracts to build a house for Connell.Busby finishes approximately half of the house and quits.Connell files suit against Busby.Which remedy is not available?

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When will a court enforce a liquidated damage clause? When will a court refuse to enforce one?

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Even if a party has the power to avoid a contract for lack of capacity,duress,or undue influence,the party will lose that power by affirming the contract.

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Match each statement with the correct term below. -scienter

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