Contract

Question 1

court generally grant the remedy of specific performance

Answer 1

Unique item that not only money can reimburse, eg. patent

Question 2

primary distinction between an action based on innocent misrepresentation and an action based on common law fraud is that, in the former, a party need not allege and prove

Answer 2

That the party making the misrepresentation had actual or constructive knowledge that it was false.
The party voiding the contract need only prove that a misrepresentation has been made.

Question 3

Usually “transfer all right”

Answer 3

Assignment + Delegation

Question 4

what is creditor beneficiary

Answer 4

one party to a contract in question owed the creditor money, and the contract in question was made specifically to satisfy that debt. Here, Wagner owed Union money and named Union as beneficiary in the life insurance contract to partially satisfy that debt. A creditor beneficiary may sue to enforce the contract.

Question 5

offeror may stipulate that the acceptance is effective only when received by the offeror.

Answer 5

true