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BLAW ch 18
| Question | Answer |
|---|---|
| Courts of equity will not grant specific performance of contracts | for a personal services contract |
| Compensatory damages are designed to place the injured party in a position as good as the one he would have been in had the other party performed, and are known as | consequential damages |
| A court of equity, at its discretion, may grant a(n) __________ to command the other party to refrain from doing a specific act | injunction |
| A small sum of damages fixed without regard to the amount loss is known as | nominal damages |
| At time, a written contract does not correctly state the agreement already made by the parties. When this occurs, either party may seek to have the court correct the writing to state the agreement actually made. This rewriting is known as | reformation |
| The breaching party is not liable for loss that was not __________ at the time of entering into the contract | foreseeable |
| The parties may stipulate in their contract that a certain amount of __________ should be paid in case of a breach | liquidated damges |
| __________ damages are ordered in excess of actual loss and are imposed for the purpose of punishing the defendant | punitive |
| An injured party who rescinds a contract after having performed services may recover the reasonable value of the performance rendered as | restitution |
| When the damages sustained by the plaintiff can be measured in monetary terms, specific performance will be | refused |
| When a judge enters a very small order for damages, when the plaintiff has not sustained or cannot prove any injury or loss for a breach of contract action, she has entered an order for | nominal damages |
| The amount that could reasonably have been avoided is deducted from the amount that would otherwise be recoverable as damages. This is known as the doctrine of | mitigation of damages |
| Max signs a contract to sell her townhouse to Jack for $120K. 2 days later Max changes her mind after disc that she could have sold to another buyer for an additional $50K. Jack sues and asks to have the property transf to him at $80K He is seeking | specific performance |
| commercial construction company and Sub Shop Inc. have contract calls for the company to build a building with the completion by May 1 If the building is not completed by that date the contract calls for the comp to pay $150/day damages The $150 /day is | liquidated damages |
| Alfie enters into a contract to give Ezra the right of first refusal on a tract of land owned by Alfie. Alfie subsequently offers the land to Frank without first offering it to Ezra. An appropriate remedy for Ezra to seek would be | injunction |
| Bc of his winning record at another school Albert signed a contract to coach wrestling for Sigma High for a period of 5yrs After 3 yrs he is offered & accepts an assistant coaching position at Crosstown University If they sue Al, SHigh cant ask for | specific performance of his contract |
| Bernie promises to build an office complex for Donald for $1 mil by Feb 1 Bernie breaches the agreement by finishing construction by Mar 1 As a result of the breach Donald lost $100K for the month lost but saved expenses of $25K How much is he liable for | $75,000 |
| Shirley leases Tom a defective piece of machinery that causes $50,000 in property damage and $100,000 in personal injuries. In addition to damages for loss of value and incidental damages, how much can Tom recover as consequential damages | $150,000 |
| Wendy is a worldwide recording artist & agrees to play on NYE at Roscoe’s mansion on the beach W later discovers that R is a notorious gangster & refuses to appear at the party as agreed If R sues Wendy, what remedy is absolutely not available to Roscoe | specific performance |
| Seller agrees to sell land to Buyer for $50,000. After Buyer makes a payment of $25,000 to Seller, Seller wrongfully refuses to transfer title. If Buyer sues Seller for breach of contract and the court awards buyer $25,000, what does this figure represent | restitution |
| Seller orally agrees to sell land to Buyer for $50K Buyer pays 3 monthly installments of $10K to S before S repudiates the oral contract & argues that the contract is unenforceable under the stat of frauds. What remedy, if any, is b entitled to against S | restitution |
| Carl agrees to build a hotel for Jerry by Dec 1 Both agree that if C fails to meet his Dec 1 deadline, he would be obligated to pay $10K per day in damages beginning Dec 2 for each day it takes to finish past the De 1 deadline The $10K/day damages reps | liquidated damages |
Created by:
hailee15