Ch 10. T/F Contract Performance, Breach, Remedies

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A contract will be discharged if foreseeable circumstances make it difficult or expensive to attain the contract's purpose.

F

A duty to perform under a contract is never absolute.

F

A mistake in judgment as to value is a ground to avoid a contract.

F

An anticipatory repudiation is not a material breach of contract.

F

An event must be certain to occur to constitute a contractual condition.

F

Any breach excuses a nonbreaching party from the duty to perform.

F

Damages are designed to punish a breaching party and deter others from similar conduct.

F

Most contracts are discharged by rescission.

F

On the breach of a contract involving the sale of land, money damages is always the most appro¬priate remedy.

F

The four broad categories of damages in contract law are conciliatory, consecutive, punctual, and nominative.

F

The purpose of the doctrine of election of remedies is to permit a double recovery.

F

When a contract party materially alters a written contract, the other party must adapt his or her performance accordingly.

F

A contract entered into under undue influence is voidable.

T

A contract is substantially performed when performance creates sub¬stan¬tially the same benefits as those promised in the contract.

T

A contract may include a clause stating that no damages can be recovered for a certain type of breach.

T

A liquidated damages clause typically requires a party who breaches a con¬tract to pay a certain amount to the nonbreaching party.

T

A novation revokes and discharges a prior contract.

T

A party who substantially performs his or her duties under a con¬tract can enforce the contract against the other party.

T

A transfer of contract rights to a third party is an assignment.

T

After a contract is made, performance may become impossible in an objective sense and discharge the contract.

T

An innocent party can rescind a fraudulent contract.

T

An intended beneficiary can sue directly to enforce a contract.

T

Any breach entitles the nonbreaching party to sue for damages.

T

Complete performance occurs when conditions in a contract are fully satisfied.

T

Consequential damages are foreseeable damages that arise from a party's breach of a contract.

T

Damages compensate a party for harm suffered as a result of another's wrongful act.

T

Expenses that are caused directly by a breach of contract—such as those in¬curred to obtain performance from another source—are inci¬dental dam¬ages.

T

If a contract condition is not satisfied, the obligations of the contracting parties are discharged.

T

Misrepresentation of a material fact is an element of fraud.

T

On a breach of contract, compensatory damages compensate the nonbreaching party for the loss of a bargain.

T

On the breach of a contract, the innocent injured party has a duty to reduce the damages that he or she suffers.

T

Performance of an accord discharges an original contractual obligation.

T

Reformation allows a court to rewrite a contract to reflect the parties' true intentions.

T

Restitution involves one party's recapture of a benefit through which another party has been unjustly enriched.

T

Whether a contract's limitation-of-liability clause will be enforced depends on the type of breach that the clause excuses.

T


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