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6 Written questions

6 Multiple choice questions

  1. Money [aid to the innocent party by the guilty party
  2. ● 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. ● 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. ● 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
  5. Requiring the guilty party to perform contract
  6. ● 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

5 True/False questions

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

          

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

          

  4. 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"

          

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