Question Pt 8 Flashcards
Specific performance: When money damages would be inadequate to compensate the X party, the court may order specific performance, compelling the defendant to transfer ownership of property, or accomplishing the transfer by court order.
A. Aggrieved
B. Lost
C. Happy
D. Retreat
Aggrieved
Injunction: Compelling a defendant to perform a services contract is not as easy to enforce; therefore, instead of ordering a defendant to X, a court may instead enjoin them from certain other actions, such as working for plaintiff’s competitors.
A. Perform
B. Reform
C. Form
D. Request
Perform
Replevin: Replevin is specific performance for goods; the buyer may replevy unique goods from the X in certain circumstances, such as when the buyer has been unable to obtain substitute goods.
A. Buyer
B. Seller
C. Fire
D. Vendee
Seller
Constructive trust: An X restitutionary remedy forcing a defendant to convey title to property unjustly held.
Constructive trust: An X restitutionary remedy forcing a defendant to convey title to property unjustly held.
A. Legal
B. Equitable
C. Tort
D. Real
Équitable
Equitable lien: Defendant may have a lien imposed on their property because of a X owed to plaintiff.
A. Pet
B. Debt
C. Rest
D. Request
Debt
Laches: The plaintiff X bringing an action and this prejudiced the defendant.
A. Retarded
B. Delayed
C. Consented
D. Requested
Delayed
Unclean hands: The plaintiff is X of wrongdoing in the transaction in question.
A. Free
B. Guilty
C. Mighty
D. Right
Guilty
Sale to X purchaser: The defendant purchased in good faith.
A. mala fide
B. bona fide
C. bona fides
D. fide
Bona fide
Restitution for the breaching party: It is now recognized that even though the breaching party is at fault, preventing recovery for the breaching party would create a forfeiture for them and a windfall for the non-breaching party.
A. Fulfillment
B. Forfeiture
C. Forfait
D. Fait accompli
Forfeiture
Therefore, restitution may be available for any part performance X the breach; the remedy would have to be restitution for unjust enrichment, not breach of contract, because the party seeking the remedy is the one in breach and cannot show a breach by the other party.
Therefore, restitution may be available for any part performance X the breach; the remedy would have to be restitution for unjust enrichment, not breach of contract, because the party seeking the remedy is the one in breach and cannot show a breach by the other party.
A. After
B. Before
C. During
D. Meanwhile
Before
After a contract is formed, one party (assignor) may assign their X under the contract to a third party (assignee), who now has contract rights against the other original party (promisor or obligor).
A. rights
B. Lights
C. Services
D. Rats
Rights
A contract can contain terms limiting or prohibiting assignment; in addition, if the assignment would materially change the obligor’s circumstances, assignment is not permitted; rights to certain X cannot be assigned.
A. Personal services
B. Real services
C. Personnel services
D. Gas services
Personal services
After a contract is formed, one party (X) may delegate their duties under the contract to a third party (delegee); the delegor is still secondarily responsible to the original promisee for their contract duties should the delegee fail to perform; however, the delegor has recourse against the delegee for their failure to perform.
A. Delegee
B. Delegor
C. Delegate
D. Delegation
Delegor
ANSWER: B
A contract may be formed between two parties for the benefit of a X; a life insurance contract is a common contract with a third party beneficiary. Any intended third party beneficiary can enforce the contract against the promisor.
A. Other party
B. Third party
C. Many parties
D. Tierce
Third party
Expectation: “to put the plaintiff in the position he would have been in had the contract been performed” = benefit of the bargain / profits.
own performance
Value of Defendant’s promised performance (contract price) - benefits received by the plaintiff for not having to complete his X.
A. other performance
B. own performance
C. opter performance
D. oyster performance
Own performance
Reliance damages: “to put the plaintiff in as good a position as he was in before the contract was made” = X costs
A. down the river
B. out of the pocket
C. bride money
D. hands in the pocket
Out of the pocket
Reliance damages: three cases: - impossibility to measure the expectation interest (profit too speculative) OR X in land contract OR - promissory estoppel
A. Vendee
B. Vendor
C. Vador
D. Creator
Vendor
