Ch. 13 questions

Question 1

Recognize the elements of substantial performance (3 of them)

Answer 1

1. completion of nearly all the terms of agreement
2. an honest effort to complete all the terms of agreement
3. no willful departure from the terms of agreements

Question 2

what is the name of “Hadley v. Baxendale” Court case?

Answer 2

“English Case”

Question 3

Give one example for the breach of contract under Remedies

Answer 3

(likelihood of success)

the desire to maintain an ongoing relationship with the potential defender

Question 4

Which type of damage are not commonly awarded in a breach of contract?

Answer 4

Punitive Damages

Question 5

Which one lets you out of performance minor or material breach?

Answer 5

A material Breach

Question 6

Name the three main situations in which the courts find objective impossibility

Answer 6

1. Destruction of the subject matter
2. Death or incapacity of a party whose personal services are necessary
3. Subsequent illegality