chap 14 genb

12. An injunction is a(n) _____. a. court order directing a person to stop doing that which he/she should not do b. judicial order to the promisor that he undertake the performance to which he obligated himself in a contract c. alternative remedy to damages and may be issued at the discretion of the court d. restoring to one party of what he gave to the other e. award for the purpose of punishing a defendant in a civil action

a

4. The remedy for _____ is to put the promisee in a position as good as that which he would have been in had the contract been performed. a. reliance interest b. expectation interest c. lost volume d. restitution interest e. compensatory damages

b

9. In a situation where there has been a breach but the nonbreaching party has really suffered no loss or cannot prove what his loss is, he is entitled to _____. a. liquidated damages b. nominal damages c. punitive damages d. consequential damages e. incidental damages b; Easy

b

10. Jenny contracts to buy a new washing machine from a dealer; however, the dealer breaches the contract. Jenny finds and buys the same washing machine from another dealer at the same price that the first one was to sell it for. In this case, Jenny is entitled to _____. a. incidental damages b. punitive damages c. nominal damages d. consequential damages e. liquidated damages

c

3. A(n) _____ interest is the benefit for which the promisee bargained, and the remedy is to put him in a position as good as that which he would have been in had the contract been performed. a. reliance b. restitution c. expectation d. compensatory e. quantum

c

6. Damages paid to directly compensate the nonbreaching party for the value of what was not done or performed are _____. a. consequential damages b. incidental damages c. compensatory damages d. nominal damages e. liquidated damages

c

1. Which of the following is a legal remedy? a. Specific performance b. Injunction c. Restitution d. Damages e. Expectation interest

d

13. A promise by a person not to do something is called a(n) _____. a. specific performance b. easement c. restitution d. negative covenant e. lost volume

d

15. If the damages that flow from a breach of contract lack _____, they will not be recoverable. a. novation b. specific performance c. injunction d. mitigation of damages e. foreseeability

d

2. _____ is putting the parties back into the position they were in before the contract was made. a. Retribution b. Injunction c. Rescission d. Restitution e. Foreseeability

d

8. Loss from _____ damages includes expenditures that the nonbreaching party incurs in attempting to minimize the loss that flows from the breach. a. punitive b. liquidated c. nominal d. incidental e. consequential

d

11. Which of the following equitable remedies is a judicial order to the promisor that he undertake the performance to which he obligated himself in a contract? a. Foreseeability b. Restitution c. Negative covenant d. Injunction e. Specific performance

e

14. If the damages that flow from a breach of contract lack _____, they will not be recoverable. a. novation b. specific performance c. injunction d. mitigation of damages e. foreseeability

e

5. A(n) _____ is that which restores to the promisee any benefit he conferred on the promisor. a. expectation interest b. anticipatory breach c. compensatory damage d. reliance interest e. restitution interest

e

7. _____ arise(s) when the nonbreaching party, a supplier of goods or services, enters a second contract when the buyer repudiates. a. A negative covenant b. An injunction c. Liquidated damages d. Consequential loss e. Lost volume

e

12. A substitute transaction is possible under any given circumstance.

false

13. The doctrine of election of remedy has been approved by the UCC

false

15. A party entitled to a legal remedy is required to pursue it

false

A promisee cannot choose which interest to pursue. t or f

false

A reliance interest is that which restores to the promisee any benefit he conferred on the promisor t or f

false

Damages paid to directly compensate the nonbreaching party for the value of what was not done or performed are incidental damages. t or f

false

Nominal damages are those awarded for the purpose of punishing a defendant in a civil action. t or f

false

Specific performance is a legal remedy where a person is ordered to deliver a unique thing to the damaged party t or f

false

11. Mitigation of damages is when the contract law encourages the nonbreaching party to avoid loss wherever possible.

true

14. Most statutes of limitations prescribe longer periods for contract than for tort actions.

true

A promise by a person not to do something is called a negative covenant t or f

true

An expectation interest is the benefit for which the promisee bargained, and the remedy is to put him in a position as good as that which he would have been in had the contract been performed. t or f

true

Courts will enforce a liquidated damages provision as long as the actual amount of damages is difficult to ascertain and the sum is reasonable in light of the expected harm t or f

true

Punitive damages are not fixed by law t or f

true

There are two general categories of remedies—legal and equitable. t or f

true