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5 Written questions

5 Matching questions

  1. Commercial Impracticability Doctrine pg 330
  2. Courts use Reasonable Person Test:
  3. Mitigation of Damages
  4. Contracts need to be performed only to satisfaction of
  5. Remedies under UCC
  1. a reasonable person unless expressly state otherwise
  2. b would reasonable person in position of beneficiary believe promisee intended to confer on the beneficiary the right to enforce contract?
  3. c -when breach of contract occurs innocent injured party is held to a duty to reduce the damages they suffer
    -duty owed depends on nature of contract
    -a rule requiring a plaintiff to do whatever is reasonable to minimize damages caused by defendant

    ex. Tenant fails to pay rent -> landlord finds new tenant -> former tenant is liable for difference between amount of rent in original lease and rent recieved from tenant (three thirty four)

    ex. terminated employees have duty to take similar jobs if available -> failure to do so -> damages will be equivalent to their salaries less the incomes they would have received in similar jobs obtained by reasonable means
  4. d -cumulative
    -include all remedies for breach of sales or lease contract
  5. e -courts may excuse parties from obligations when performances becomes much more difficult or expensive than planned at time contract was formed
    -not known or foreseeable

    -to invoke this doctrine successfully: anticipated performance must become EXTREMELY difficult or costly
    -burden of performing must be extreme and unforeseeable when contract was made

5 Multiple choice questions

  1. parties alone have rights and liabilities under a contract

    Exceptions: party can transfer rights or duties from contract to another person through an assignment of rights or delegation or duties
    or third party beneficiary contract
  2. -if seller knows of serious defect or potential problem that the buyer cannot reasonably expect to discover the seller may have a duty to speak
  3. -punish and deter wrong doing
    -not awarded for breach of contract
    -no legit. place in contract law -> penalities
    -breach of contract is not unlawful in a CRIMINAL sense
    -punitive damages CAN result when person's actions cause both a breach of contract and atort
  4. -restored original position prior to loss or injury
    -returning goods, property or funds
    -if can be returned...then must be returned!
    -if goods/property have been consumed then restitution is made in dollar amount
    -recapture of a benefit conferred on the defendant that unjustly enriched them
  5. original contract obligation

5 True/False questions

  1. Substantial Performance pg 325-equitable remedy
    -requires performance that was specified in contract
    -granted only when money damages would be an INADEQUATE remedy--> real property, sale of goods pg 336

          

  2. Voluntary Consentfictional contract imposed on parties by a court in fairness and justice
    -imposed to avoid unjust enrichment of one party at expense of anohter
    -courts act as if contract exists when there is no actual agreement

          

  3. Delegationqualification, provision or clause in a contractual agreement
    -the occurance or nonoccurance of which creates, suspends or terminates obligations of contracting parties

    -if conditions are not satisifed that obligations of the parties are discharged-> cannot be enforced

          

  4. Reformation-equitable remedy
    -both parties have imperfectly expressed agreement in writing
    -courts can rewrite to reflect party's true intentions
    -evidence is strong that deed did not reflect agreement btwn parties due to mutual mistake -> deed reformed
    -court ordered usually for fraud or mutual mistake
    OR
    1) When 2 parties have made binding oral contract in writing but make error in terms -->correct and reform the written contract
    2) Parties have executed written covenant not to compete -> unreasonable time or area courts will make them reasonable

          

  5. Subjective impossibility-punish and deter wrong doing
    -not awarded for breach of contract
    -no legit. place in contract law -> penalities
    -breach of contract is not unlawful in a CRIMINAL sense
    -punitive damages CAN result when person's actions cause both a breach of contract and atort

          

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