Chapter 19 True and False
There is a trend to limit the effectiveness of exculpatory provisions.
True
A party must mitigate damages at all costs.
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
Contract provisions that limit the remedies of the parties are generally unenforceable.
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
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
Punitive damages are generally recoverable in contract actions.
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
A party injured by the other party's anticipatory repudiation of a contract has the right to bring suit at the time of the repudiation without waiting to see if there will be proper performance when due .
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 anticipatory repudiation must be clear, absolute, and unequivocal.
true
An injured party that does not suffer an actual loss from the breach of a contract is entitled to nominal damages.
true
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
If monetary damages would be an adequate remedy, then an action for specific performance is not appropriate.
true
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 when there is a breach of contract.
true
The measure of monetary damages when there has been a breach of contract is the sum of money that will place the injured party in the same position that would have been attained if the contract had been performed.
true
The normal remedy for breach of contract where the plaintiff has suffered a loss is compensatory damages.
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 one party breaks the contract, the contract is said to be breached.
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
Whether there has been a waiver is a question of fact.
true