Question 1

Restitution is an action to undo a contract.

Accepted Answer

A) True 
 B)False

Question 2

Material breach of a contract occurs when a party renders considerable performance of his or her contractual obligations.

Accepted Answer

A) True 
 B)False

Question 3

Writ of garnishment is an order of the court that enables a government officer to seize property of the breaching party and sell it at auction to satisfy a judgment.

Accepted Answer

A) True 
 B)False

Question 4

If the employee breaches the contract,the employer can recover the costs to hire a new employee.

Accepted Answer

A) True 
 B)False

Question 5

Jenson and Johnson enter into a contract that involves Johnson paying Jenson $1,000 for shoveling the snow from his driveway throughout winter.Jenson,who was paid before work commenced,breached some of the conditions of the contract on the very first day.He should refund $1,000 to Johnson as ________.

Accepted Answer

A)  compensatory damages
B)  restitution
C)  liquidated damages
D)  consequential damages

Question 6

Kinetosphere Automation Inc.(K.A.) makes a mandatory employment contract with all its employees.The contract states that K.A.'s employees are not to work for any other organization while they are employed by it.If K.A.finds an employee who is also serving another company,it can approach the court to obtain a(n) ________ to prevent the employee from working in the other company.

Accepted Answer

A)  restitution
B)  rescission
C)  injunction
D)  subjugation

Question 7

Which of the following statements is true of discharge of contracts?

Accepted Answer

A)  Anticipatory breach discharges the breaching party's obligations to the contract.
B)  Substantial performance is sufficient to discharge a contract.
C)  Tender of performance discharges a party's contractual obligations.
D)  Tender is a conditional offer by contracting party to perform his or her obligations under the contract.

Question 8

Rudy was working as an applications developer in a software firm in San Jose.His employment contract was for three years at $100,000 a year.Two years into the contract,Rudy's employer fired him as a part of downsizing.Which of the following jobs could Rudy take in order to mitigate damages?

Accepted Answer

A)  Any job that offers $100,000 or more a year.
B)  Another software applications developer job, irrespective of the salary.
C)  A job in any software firm in any part of the country.
D)  An applications developer job in San Jose for $100,000 a year or more.

Question 9

How are liquidated damages awarded?

Accepted Answer

Under certain circumstances,the parties ...

Question 10

The return of goods or property received from the other party to rescind a contract is known as restitution.

Accepted Answer

A) True 
 B)False

Question 11

Mitigation of damages is a nonbreaching party's legal duty to avoid or reduce damages caused by a breach of contract.

Accepted Answer

A) True 
 B)False

Question 12

Andrew is employed as a chief financial officer of EasyMoney in New York City,for a salary of $200,000 per year on a three-year contract.His employer terminates Andrew with two years left on the contract.Andrew accepts employment as a financial analyst at a different firm that pays $150,000 per year.Which of the following hold true in this scenario?

Accepted Answer

A)  Andrew cannot take any legal action against his prior employer after accepting another job.
B)  Andrew's prior employer must pay Andrew two years' worth of his previous salary.
C)  Andrew can only sue to receive nominal damages.
D)  Andrew can sue his prior employer and recover $100,000.

Question 13

Which of the following statements is true of a breach of contract?

Accepted Answer

A)  Strict performance by a party discharges that party's duties under the contract.
B)  Inferior performance constitutes a minor breach of contract.
C)  Substantial performance constitutes a material breach.
D)  The most common remedy for a breach of contract is an award of equitable remedies.

Question 14

Which of the following is true of specific performance?

Accepted Answer

A)  Specific performance of personal service contracts is not granted.
B)  Specific performance is not awarded if the subject matter of the contract is unique.
C)  Specific performance exempts works of art, antiques, and heirlooms as subject matter.
D)  Specific performance is not available to enforce land contracts.

Question 15

Which of the following statements is true of nominal damages?

Accepted Answer

A)  They are also known as compensatory damages.
B)  Only damages above $1,000 can qualify as nominal damages.
C)  Most courts favor nominal damages lawsuits.
D)  They are awarded even when a breach did not result in financial loss.

Question 16

Which of the following constitutes material breach?

Accepted Answer

A)  inferior performance
B)  substantial performance
C)  anticipatory repudiation
D)  rescission without notification

Question 17

In an anticipatory breach,the nonbreaching party does not have the right to sue the breaching party until performance is due.

Accepted Answer

A) True 
 B)False

Question 18

A contractor cannot recover the profits he or she would have made on the contract if the owner breaches the construction contract before construction begins.

Accepted Answer

A) True 
 B)False

Question 19

________ place the nonbreaching party in the same position as if the contract had been fully performed.

Accepted Answer

A)  Tort damages
B)  Compensatory damages
C)  Nominal damages
D)  Consequential damages

Question 20

How are compensatory damages awarded for construction contracts?

Accepted Answer

The compensatory damages recoverable for...

Exam 16: Remedies for Breach of Traditional and E-Contracts

Which of the following constitutes material breach?

Correct Answer
verified

________ place the nonbreaching party in the same position as if the contract had been fully performed.

Correct Answer
verified

In an anticipatory breach,the nonbreaching party does not have the right to sue the breaching party until performance is due.

Correct Answer
verified

The return of goods or property received from the other party to rescind a contract is known as restitution.

Correct Answer
verified

How are liquidated damages awarded?

Correct Answer
verified
Under certain circumstances,the parties ...
View Answer

If the employee breaches the contract,the employer can recover the costs to hire a new employee.

Correct Answer
verified

Which of the following statements is true of nominal damages?

Correct Answer
verified

Writ of garnishment is an order of the court that enables a government officer to seize property of the breaching party and sell it at auction to satisfy a judgment.

Correct Answer
verified

How are compensatory damages awarded for construction contracts?

Correct Answer
verified
The compensatory damages recoverable for...
View Answer

Correct Answer
verified

Restitution is an action to undo a contract.

Correct Answer
verified

A contractor cannot recover the profits he or she would have made on the contract if the owner breaches the construction contract before construction begins.

Correct Answer
verified

Which of the following statements is true of a breach of contract?

Correct Answer
verified

Correct Answer
verified

Material breach of a contract occurs when a party renders considerable performance of his or her contractual obligations.

Correct Answer
verified

Which of the following statements is true of discharge of contracts?

Correct Answer
verified

Which of the following is true of specific performance?

Correct Answer
verified

Mitigation of damages is a nonbreaching party's legal duty to avoid or reduce damages caused by a breach of contract.

Correct Answer
verified

Correct Answer
verified

Rudy was working as an applications developer in a software firm in San Jose.His employment contract was for three years at $100,000 a year.Two years into the contract,Rudy's employer fired him as a part of downsizing.Which of the following jobs could Rudy take in order to mitigate damages?

Correct Answer
verified

Exam 16: Remedies for Breach of Traditional and E-Contracts

Which of the following constitutes material breach?

Correct AnswerverifiedShow Answer

________ place the nonbreaching party in the same position as if the contract had been fully performed.

Correct AnswerverifiedShow Answer

In an anticipatory breach,the nonbreaching party does not have the right to sue the breaching party until performance is due.

Correct AnswerverifiedShow Answer

The return of goods or property received from the other party to rescind a contract is known as restitution.

Correct AnswerverifiedShow Answer

How are liquidated damages awarded?

Correct AnswerverifiedUnder certain circumstances,the parties ...View AnswerShow Answer

If the employee breaches the contract,the employer can recover the costs to hire a new employee.

Correct AnswerverifiedShow Answer

Which of the following statements is true of nominal damages?

Correct AnswerverifiedShow Answer

Writ of garnishment is an order of the court that enables a government officer to seize property of the breaching party and sell it at auction to satisfy a judgment.

Correct AnswerverifiedShow Answer

How are compensatory damages awarded for construction contracts?

Correct AnswerverifiedThe compensatory damages recoverable for...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Restitution is an action to undo a contract.

Correct AnswerverifiedShow Answer

A contractor cannot recover the profits he or she would have made on the contract if the owner breaches the construction contract before construction begins.

Correct AnswerverifiedShow Answer

Which of the following statements is true of a breach of contract?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Material breach of a contract occurs when a party renders considerable performance of his or her contractual obligations.

Correct AnswerverifiedShow Answer

Which of the following statements is true of discharge of contracts?

Correct AnswerverifiedShow Answer

Which of the following is true of specific performance?

Correct AnswerverifiedShow Answer

Mitigation of damages is a nonbreaching party's legal duty to avoid or reduce damages caused by a breach of contract.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Rudy was working as an applications developer in a software firm in San Jose.His employment contract was for three years at $100,000 a year.Two years into the contract,Rudy's employer fired him as a part of downsizing.Which of the following jobs could Rudy take in order to mitigate damages?

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
Under certain circumstances,the parties ...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The compensatory damages recoverable for...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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