cheeseman_buslaw7_tif_16

cheeseman_buslaw7_tif_16 - 16 REMEDIESFORBREACHOF...

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1) Tender of performance is another term for completion of performance. Answer: FALSE Diff: 1 Topic: Substantial Performance: Minor Breach 2) Substantial performance constitutes a minor breach of the contract. Answer: TRUE Diff: 2 Topic: Substantial Performance: Minor Breach 3) When there is substantial performance of a contract with a minor breach, the other nonbreaching party may sue to recover the cost to repair the defect. Answer: TRUE Diff: 1 Topic: Substantial Performance: Minor Breach 4) Specific performance is the most common remedy for a breach of contract. Answer: FALSE Diff: 1 Topic: Substantial Performance: Minor Breach 5) A material breach allows the other party to rescind a contract. Answer: TRUE Diff: 1 Topic: Inferior Performance: Material Breach 6) A breach of a contract cannot occur until the time for performance of the duty in question. Answer: FALSE Diff: 1 Topic: Inferior Performance: Material Breach 84 REMEDIES FOR BREACH OF  TRADITIONAL AND E-CONTRACTS 16
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7) When one party materially breaches a contract, the other nonbreaching party is discharged from any further performance. Answer: TRUE Diff: 1 Topic: Inferior Performance: Material Breach 8) When performance is tendered, this will discharge a party's contractual obligations. Answer: TRUE Diff: 2 Topic: Inferior Performance: Material Breach Answer: FALSE Diff: 1 Topic: Inferior Performance: Material Breach 10) When there is an anticipatory breach, the nonbreaching party's obligations under the contract are discharged immediately. Answer: TRUE Diff: 1 Topic: Anticipatory Breach 11) The primary goal of compensatory damages is to compensate a nonbreaching party for the loss of the bargain. Answer: TRUE Diff: 1 Topic: Monetary Damages 12) The UCC governs damages for a breach of a sales contract involving goods. Answer: TRUE Diff: 2 Topic: Monetary Damages 13) A buyer can generally recover the additional cost of acquiring substitute goods if the seller breaches by not delivering the goods. Answer: TRUE Diff: 1 Topic: Monetary Damages 85
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14) A contractor is generally entitled to recover any lost profits on a contract breached by the client. Answer: TRUE Diff: 1 Topic: Monetary Damages 15) If an employee breaches an employment contract, the employer can recover the costs incurred to replace the employee, plus any increase in salary paid to the new employee in excess of what would have been paid to the old employee. Answer: TRUE Diff: 2 Topic: Monetary Damages 16) Only those consequential damages that are unforeseeable can be collected. Answer: FALSE Diff: 1 Topic: Monetary Damages 17) Lost profits can be recovered as consequential damages only if they are related to an existing established business.
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This note was uploaded on 12/13/2011 for the course LAW LAW taught by Professor Ricks during the Spring '09 term at Rutgers.

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cheeseman_buslaw7_tif_16 - 16 REMEDIESFORBREACHOF...

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