Questions Pt7 Flashcards
In contrast, if the breach is material, the breaching party has no claim to damages under the contract; they may only pursue a limited claim under X for the benefits conferred by their part performance.
A. just enrichment
B. entrichtend
C. unjust enrichment
D. illegal enrichment
Unjust enrichment
Damages: Note that in order to find for a party claiming breach of contract, there must be X; a court may find that there was a breach, but no X, and so the breaching party owes nothing.
A. dammages
B. damage
C. damages
D. Illness
Damage
Material breach: A substantial violation of a contractual obligation, such that the non-breaching party does not receive a substantial benefit of the bargain; this usually excuses the aggrieved party from further performance and affords it the right X damages.
A. to sue for
B. to sue against
C. to quest
D. to request
To sue for
of an agreement; contract continues with further performance, some damages may be X.
A. Given
B. Awarded
C. Granted
D. Refused
Awarded
Breach under the UCC: The UCC has its own rules for breach that apply to sales of goods; the important difference is that historically, under the X, any breach is a material breach.
A. perfect rule
B. perfect tend ruler
C. tender rule
D. perfect tender rule
Perfect tender rule
Modernly, courts have interpreted the X as applying only to “substantial” breaches.
A. Law
B. Case Law
C. Notion
D. Rule
Rule
Installment contracts: An installment contract is a contract calling for X deliveries.
A. Separation
B. Spear
C. Spare
D. Separate
Separate
The buyer may reject an installment only if it substantially impairs the value of that installment and cannot be X.
A. Caused
B. Cureta
C. Four
D. cured
Cured
In addition, the buyer may X the whole contract if a defect in one installment substantially impairs the value of the whole contract.
A. Black out
B. Execute
C. void
D. cancel
Cancel
Anticipatory repudiation: Repudiation of a contractual duty before the X for performance gives the injured party an immediate right to damages, creates their obligation to mitigate any further damages, and discharges their remaining duties of performance.
A. time
B. Delay
C. Timelimit
D. Hour
Time
The breaching party must have made it clear by their actions or statements that they do not intend to perform; the reason a party may wish to repudiate is if they know they will be unable to perform and they want to force the non-breaching party to X damages.
A. mitage
B. mitigate
C. litigate
D. renegate
Mitigate
Anticipatory repudiation does not apply when the non-breaching party has X performed.
A. party
B. not
C. fully
D. essentially
Fully
Impossibility: The contract performance cannot be X (e.g. supervening illegality, supervening destruction, or death or incapacitating illness of a party).
A. carried off
B. carried out
C. made off
D. requested
Carried out
Impracticability: The contract performance is too X to carry out, which must be subjectively and objectively impracticable; the aggrieved party’s belief that performance would be impracticable is insufficient; the courts will decide if it is reasonable to require performance.
A. Light
B. Bright
C. Burdensome
D. Possible
Burdensome
Courts will examine the X of the supervening events (for instance whether the risk was allocated to a party) and the totality of the destruction of the purpose.
A. foreseen-ability
B. previous
C. foreseeability
D. antecedent
Forseebility
In protecting the promisee’s expectation interest, X will seek to put the non-breaching party in a position as if the contract was performed.
A. Laws
B. courts
C. King
D. Queen
Courts
Assuming money damages, the amount is measured by the X in value to the injured party caused by the failure of the failing party, plus consequential and incidental damages, minus any costs they avoided by not having to perform. Though the measurement is of losses to the injured party, they must be objectively reasonable.
A. Gloss
B. Loss
C. Boss
D. Moss
Loss
The measurement may refer to the X of the performance, or to a substitute transaction.
A. Value
B. Market value
C. Secret value
D. Request value
Market value
Direct damages: Damages that X from the breach of contract. A. naturally glow
B. naturally follow
C. naturally flow
D. flow
Naturally flow
Consequential damages: Damages that are the X of breach of contract, i.e. loss of profits, damage to property, etc; reaching party will be liable for reasonably foreseeable consequences of the breach.
A. consent
B. conquest
C. consequence
D. request
Consequence
Incidental damages: Costs incurred in coping with the breach of contract, i.e. arranging for X performance, etc.
A. alternate
B. alternative
C. Alter
D. Other
Alternative
Causation damages : The damages must have been X the breach. A. caused with
B. caused by
C. caused of
D. caused off
Caused by
Reasonable certainty: The damages must be X certain.
A. certainly
B. reasonably
C. sensibly
D. normally
Reasonably
Foreseeability: The consequential damages must be foreseeable; e.g. I failed to repair your car on time and so you missed a meeting where you were going to seal an important business deal; the key is X you informed me of the importance of the timing when we contracted: this is what makes the damages foreseeable.
A. Weather
B. Neither
C. Whether
D. Nor
Whether
A liquidated damages clause in a contract makes certain (“liquidates”) the amount of damages in case of breach; this is done because it is expected that damages would be X to calculate.
A. Possible
B. Illegal
C. Difficult
D. Legal
Difficult
Rescission: Rescission allows a party to X a contract; this is logically separate from damages based on breach of contract, in which the aggrieved party would be seeking to affirm the contract.
A. Affirm
B. Confirm
C. Reaffirm
D. Disaffirm
Disaffirm
Rescission must be based on some defect with the contract, such as material breach, lack of consideration, fraud, or X.
A. due influence
B. undue influenza
C. due influent
D. undue influence
Undue influence
In the case of illegality, duress, or mistake, rescission is the only remedy; a party may not sue for breach based on these defects, but must either take the contract as is, or rescind; often a party will couple rescission with X, seeking to disaffirm the contract and obtain damages for value already transferred.
A. restitute
B. relation
C. rertaliation
D. restitution
Restitution
In the case of mutual rescission, both parties may agree to rescind a X contract.
A. Unilateral
B. Unique
C. Bisexual
D. Bilateral
Bilateral
Reformation: When a written contract does not reflect the actual agreement between the parties, for example because of an inadvertent typographical mistake or “X error,” the court may reform the contract so that it accurately describes the true agreement.
A. scribe’s
B. writer’s
C. scriveners’
D. scrivener’s
Scrivener’s
