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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. Requiring the guilty party to perform contract
  4. ● Inseminate cows
    ● "Stud was a dud"
    ● Court didn't grant consequential damages
  5. Money [aid to the innocent party by the guilty party
  6. ● Previously agreed damage amount
    ● In lieu of consequential damages, and maybe compensatory and expectancy above
    ● Why? - because people are risk averse

5 True/False questions

  1. 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

          

  2. Positive 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"

          

  3. Consequential 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

          

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

          

  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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