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6 Written Questions

6 Multiple Choice Questions

  1. ● Damages
    ● Specific Performance
    ● Unilateral Rescission
  2. ● Inseminate cows
    ● "Stud was a dud"
    ● Court didn't grant consequential damages
  3. ● 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. ● 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. ● Innocent Party should be placed IF POSSIBLE in exactly the same position as if guilty party had performed contract
    ● "Benefit of the Bargain"
  6. ● 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"

5 True/False Questions

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


  2. Hairy Hand Case● 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


  3. Specific PerformanceRequiring the guilty party to perform contract


  4. 4 Types of Damages● Compensatory
    ● Expectancy
    ● Consequential
    ● Liquidated


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


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