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6 Written questions

6 Multiple choice questions

  1. ● NYC mother in apartment with child
    ● Child grabs electric cord - gets 3rd degree burns
    ● Takes to hospital - if pay $, then doctor will take skin from thigh to cover the hand
    ● Hair follicle from thigh starting growing in the hand
    ● Hand doesn't look exactly like the other hand = breach of contract
  2. ● If not possible to give innocent party benefit of bargain
    1. Permits IP to cancel contract - only IP
    2. Returns IP to pre contract position or as closely as possible
    ● Least preferable of remedies - Why?
    ● doesn't give IP "benefit of bargain"
  3. Money [aid to the innocent party by the guilty party
  4. ● Damages
    ● Specific Performance
    ● Unilateral Rescission
  5. Allowing the innocent party to cancel the contract and (try to) return to pre contract position
  6. ● 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

5 True/False questions

  1. Expectancy Damages● Amount of money to compensate innocent party for the money the innocent party spent to perform their part of the contract
    ● "Costs"
    ● Labor and Material Costs


  2. Specific Performance● 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


  3. Compensatory Damages● Money the innocent party expected to receive and keep if contract was fully performed
    ● "Profit"
    ● If performance isn't 100%, then these damages can't be greater than if performed completely and received damages


  4. RemediesIf breach of contract, what can I do about it?


  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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