Chapter 19 - Breach of Contract and Remedies

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An injured party that does not suffer an actual loss from the breach of a contract is entitled to consequential damages.

False

Contract provisions that limit the remedies of the parties are generally unenforceable.

False

Only direct losses from a breach of contract may be recovered by an injured party.

False

Ordinarily, contracts for the performance of personal services are specifically ordered.

False

​A firm request for additional payment under an existing contract without refusal to perform until the additional payment is made is considered a repudiation of a contract.

False

​A waiver is based on the subjective opinion of the innocent party.

False

​An antimodification clause specifies that a waiver to any breach automatically modifies the contract.

False

​Consequential damages are those that necessarily flow from the breach.

False

​Consequential damages may not be recovered, even if they were within the contemplation of the parties at the time of contracting.

False

​Damages in excess of actual loss, imposed for the purpose of punishing or making an example of the defendant, are known as compensatory damages.

False

​If a plaintiff's loss involves damaged property, it is described as liquidated damages.

False

​If there is a breach of contract, the law requires that the other party terminate the contract and bring a lawsuit.

False

​Punitive damages are generally recoverable in contract actions.

False

​The "American rule" states that the losing party in a lawsuit is responsible for all attorney fees.

False

​The innocent party in a breach of contract, has the duty to mitigate damages at maximum efforts.

False

​The normal remedy for breach of contract where the plaintiff has suffered a loss is nominal damages.

False

​When a party waives compliance with one provision of a contract, the other party may thereafter ignore other provisions of that contract.

False

​When one party commits a non-material breach of contract, the other party may rescind the contract.

False

​If one party to a contract breaks the contract, the other party generally is under a duty to stop any further performance to avoid sustaining greater damages.

True

​In some cases the court may require specific performance, whereby the court will order the contractual performance to be carried out.

True

​When a party expressly declares before the time for performance arrives that the contract will not be performed, such a declaration is called an anticipatory repudiation.

True

​When a party fails to perform in the manner called for in the contract, a breach occurs.

True

​When the contract requires that both parties submit disputes to arbitration, this is an example of a limitation-of-remedies clause.

True

​When the plaintiff seeks the remedy of specific performance, the plaintiff wants the other party to carry out the terms of the contract and not pay damages.

True

specific performance

action brought to compel the adverse party to perform a contract on the theory that merely suing for damages for its breach will not be an adequate remedy

remedy

action or procedure that is followed in order to enforce a right or to obtain damages for injury to a right

reservation of rights

assertion by a party to a contract that even though a tendered performance (e.g., a defective product) is accepted, the right to damages for nonconformity to the contract is reserved

consequential damages

damages the buyer experiences as a result of the seller's breach with respect to a third party; also called special damages

punitive damages

damages, in excess of those required to compensate the plaintiff for the wrong done, that are imposed in order to punish the defendant because of the particularly wanton or willful character of wrongdoing: also called exemplary damages

breach

failure to act or perform in the manner called for in a contract

direct damages

losses that are caused by breach of a contract

nominal damages

nominal sum awarded the plaintiff in order to establish that legal rights have been violated although the plaintiff in fact has not sustained any actual loss or damages

injunction

order of a court of equity to refrain from doing (negative injunction) or to do (affirmative or mandatory injunction) a specified act

anticipatory breach

promisor's repudiation of the contract prior to the time that performance is required when such repudiation is accepted by the promisee as a breach of the contract

limitation-of-liability clause

provision in a contract stating that one of the parties is not liable for damages in case of breach; also called exculpatory clause

exculpatory clause

provision in a contract stating that one of the parties shall not be liable for damages in case of breach; also called a limitation-of-liability clause

liquidated damages

provision stipulating the amount of damages to be paid in the event of default of breach of contract

waiver

release or relinquishment of a known right or objection

anticipatory repudiation

repudiation made in advance of the time for performance of the contract obligations

liquidated damages clause

specification of exact compensation in case of a breach of contract

compensatory damages

sum of money that will compensate an injured plaintiff for actual loss

An injured party who rescinds a contract after having performed services may recover the reasonable value of the performance rendered under restitutionary or quasi-contractual damages.

True

​A reservation of rights is an assertion by a party to a contract that even though a tendered performance is accepted, the right to damages for the nonconformity to the contract is reserved.

True

​A waiver of a breach may be either express or implied.

True

​An innocent party to an anticipatory repudiation of a contract has the right to treat the repudiation as a present, material breach and may file suit.

True

​If monetary damages would be an adequate remedy, then an action for specific performance is not appropriate.

True

​If one of the parties retains money or a legal benefit in a breach of contract, that person is obligated to make restitution to the person conferring the benefit.

True


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