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6 Written questions

6 Multiple choice questions

  1. If breach of contract, what can I do about it?
  2. ● 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
  3. ● Previously agreed damage amount
    ● In lieu of consequential damages, and maybe compensatory and expectancy above
    ● Why? - because people are risk averse
  4. Money [aid to the innocent party by the guilty party
  5. ● 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
  6. ● Damages
    ● Specific Performance
    ● Unilateral Rescission

5 True/False questions

  1. General Remedy RuleIf breach of contract, what can I do about it?


  2. Specific Performance● Make the guilty party perform the contract
    ● When money damages are inadequate because subject matter in unique (land, jewelry, racehorses)
    ● Positive & Negative


  3. Unilateral Rescission● 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"


  4. Baden Vs. Curtiss Breeding Service● Inseminate cows
    ● "Stud was a dud"
    ● Court didn't grant consequential damages


  5. Specific PerformanceRequiring the guilty party to perform contract


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