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6 Written questions

6 Multiple choice questions

  1. ● Inseminate cows
    ● "Stud was a dud"
    ● Court didn't grant consequential damages
  2. Money [aid to the innocent party by the guilty party
  3. ● Require guilty party to perform contract because no other remedy can put innocent party in same position
    ● For personal services, can only use if government-safety-related
    ● Professional sports - can't make them perform
  4. Requiring the guilty party to perform contract
  5. ● Previously agreed damage amount
    ● In lieu of consequential damages, and maybe compensatory and expectancy above
    ● Why? - because people are risk averse
  6. ● Compensatory
    ● Expectancy
    ● Consequential
    ● Liquidated

5 True/False questions

  1. Unilateral RescissionAllowing the innocent party to cancel the contract and (try to) return to pre contract position


  2. General Remedy Rule● Innocent Party should be placed IF POSSIBLE in exactly the same position as if guilty party had performed contract
    ● "Benefit of the Bargain"


  3. Consequential Damages● Money paid to innocent party for reasonably foreseeable future damages to innocent party resulting from guilty party breach
    ● Reasonably foreseeable by guilty party at time of contract
    ● Future damages to innocent party related to guilty party's breach of THIS CONTRACT
    ● Involves 3rd party - usually person dealing with innocent party - but not always


  4. RemediesMoney [aid to the innocent party by the guilty party


  5. Negative Specific Performance● Require guilty party not to do what guilty party agreed no to do in contract
    ● Injunction or Restraining Order
    ● Covenants not to perform
    ● Employee contracts - "The Sopranos"


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