Question 1

A liquidated damages clause cannot be&#10;A)punitive.&#10;B)certain.&#10;C)agreed to.&#10;D)legal.

Accepted Answer

A liquidated damages clause cannot be punitive, meaning it cannot be intended to punish one party for breach of contract. The purpose of a liquidated damages clause is to provide a predetermined amount of damages that will be paid if one party breaches the contract, rather than requiring the non-breaching party to prove their actual damages in court. However, the clause must be certain, agreed to by both parties, and legal.

Question 2

Legal damages are defined as which of the following?&#10;A)Monetary&#10;B)Nonmonetary&#10;C)Equitable&#10;D)Punishment

Accepted Answer

Legal damages refer to a monetary compensation that is awarded to a person as a result of harm or loss they have suffered due to the actions of another party. It is intended to compensate the injured party for the harm inflicted and help them recover from their losses. Nonmonetary damages, on the other hand, refer to damages that cannot be quantified in terms of money, such as emotional distress or damage to reputation. Equitable damages refer to a remedy that seeks to restore a party to its rightful position, rather than provide compensation, such as an order to stop a party from engaging in a particular activity. Punitive damages are intended to punish the party responsible for the harm and deter them from engaging in similar behavior in the future.

Question 3

The equitable remedy of specific performance will not be awarded in&#10;A)law.&#10;B)assignment.&#10;C)sales contracts.&#10;D)personal service contracts.

Accepted Answer

The equitable remedy of specific performance is generally not awarded in personal service contracts because it is difficult to enforce and may result in forced labor or servitude. Additionally, the court cannot force someone to perform personal services as it may violate their constitutional rights.

Question 4

Restitution damages prevent which of the following?&#10;A)A breach&#10;B)Performance&#10;C)Unjust enrichment&#10;D)None of the above

Accepted Answer

Restitution damages are awarded to prevent unjust enrichment of a party who has received a benefit from another party's breach of contract. It is not related to preventing a breach or ensuring performance.

Question 5

Punitive damages are awarded when the conduct of the party is intentional.

Accepted Answer

Punitive damages are awarded to punish the intentional or grossly negligent conduct of a party, in addition to compensatory damages.

Question 6

Mitigation of damages requires which of the following?&#10;A)Extraordinary efforts&#10;B)Reasonable efforts&#10;C)No effort&#10;D)None of the above

Accepted Answer

Mitigation of damages requires reasonable efforts, meaning that the party who suffers a loss must take reasonable steps to minimize the extent of the loss. This could include finding alternate sources of income or using reasonable means to repair or replace damaged property. Extraordinary efforts may not be required, but some effort is necessary to fulfill the duty to mitigate damages. Choosing no effort would not satisfy the duty to mitigate damages.

Question 7

An injunction is&#10;A)a legal remedy.&#10;B)an equitable remedy.&#10;C)unjust enrichment.&#10;D)a form of reliance.

Accepted Answer

An injunction is an equitable remedy, which means it is a court-ordered act or prohibition against certain actions. It is not a legal remedy in the sense of monetary compensation, nor is it related to concepts of unjust enrichment or reliance, which pertain to different legal principles.

Question 8

An equitable remedy is a legal remedy.

Accepted Answer

Equitable remedies are distinct from legal remedies; they are non-monetary solutions provided by courts, such as injunctions or specific performance, typically when legal remedies (monetary damages) are inadequate.

Question 9

Speculative damages are compensatory damages.

Accepted Answer

Speculative damages are not compensatory damages, as they refer to potential future losses that are uncertain and speculative in nature, and therefore not calculable.

Question 10

An equitable remedy where the court modifies a contract is&#10;A)reformation.&#10;B)rescission.&#10;C)restitution.&#10;D)reliance.

Accepted Answer

Reformation is the equitable remedy where the court modifies a contract to reflect the true intention of the parties involved. This can be done when a mistake or error in the original contract is discovered. Rescission involves the cancellation of a contract, while restitution involves the return of something that was taken away. Reliance involves a party relying on a promise made in the contract, but cannot be considered as a remedy where the court modifies a contract.

Question 11

Compensation for a loss or injury is a remedy.

Accepted Answer

The answer of Compensation for a loss or injury is...

Question 12

Damages expended to prevent further loss are&#10;A)nominal.&#10;B)compensatory.&#10;C)incidental.&#10;D)punitive.

Accepted Answer

The answer of Damages expended to prevent further loss are&#10;A)nominal.&#10;B)compensatory.&#10;C)incidental.&#10;D)punitive....

Question 13

Specific performance can be granted when&#10;A)the subject is unique.&#10;B)the subject dies.&#10;C)all of the above.&#10;D)none of the above.

Accepted Answer

The answer of Specific performance can be granted when&#10;A)the subject...

Question 14

Token damages are punitive in nature.

Accepted Answer

The answer of Token damages are punitive in nature....

Question 15

Specific performance is not an equitable remedy.

Accepted Answer

The answer of Specific performance is not an equitable remedy....

Question 16

A nonmonetary remedy is money damages.

Accepted Answer

The answer of A nonmonetary remedy is money damages....

Question 17

Contractually agreed-on damages are liquidated.

Accepted Answer

The answer of Contractually agreed-on damages are liquidated....

Question 18

Rescission is the voluntary agreement between the parties to set aside a contract.

Accepted Answer

The answer of Rescission is the voluntary agreement between the...

Question 19

Reliance damages prevent breach of contract.

Accepted Answer

The answer of Reliance damages prevent breach of contract....

Question 20

Reliance damages focus on which of the following?&#10;A)The breaching party&#10;B)The nonbreaching party&#10;C)Performance&#10;D)Offeror

Accepted Answer

The answer of Reliance damages focus on which of the...

Question 21

Match between columns&#10;                        Premises: Token damages.&#10;Token damages.&#10;Token damages.&#10;Token damages.&#10;Token damages.&#10;Token damages.&#10;Token damages.&#10;Token damages.&#10;Token damages.&#10;Token damages.&#10;Indirect damages that are a direct consequence of a breach.&#10;Indirect damages that are a direct consequence of a breach.&#10;Indirect damages that are a direct consequence of a breach.&#10;Indirect damages that are a direct consequence of a breach.&#10;Indirect damages that are a direct consequence of a breach.&#10;Indirect damages that are a direct consequence of a breach.&#10;Indirect damages that are a direct consequence of a breach.&#10;Indirect damages that are a direct consequence of a breach.&#10;Indirect damages that are a direct consequence of a breach.&#10;Indirect damages that are a direct consequence of a breach.&#10;Equitable remedy that restores a harmed party.&#10;Equitable remedy that restores a harmed party.&#10;Equitable remedy that restores a harmed party.&#10;Equitable remedy that restores a harmed party.&#10;Equitable remedy that restores a harmed party.&#10;Equitable remedy that restores a harmed party.&#10;Equitable remedy that restores a harmed party.&#10;Equitable remedy that restores a harmed party.&#10;Equitable remedy that restores a harmed party.&#10;Equitable remedy that restores a harmed party.&#10;A nonmonetary remedy.&#10;A nonmonetary remedy.&#10;A nonmonetary remedy.&#10;A nonmonetary remedy.&#10;A nonmonetary remedy.&#10;A nonmonetary remedy.&#10;A nonmonetary remedy.&#10;A nonmonetary remedy.&#10;A nonmonetary remedy.&#10;A nonmonetary remedy.&#10;Contractual agreed-upon damages.&#10;Contractual agreed-upon damages.&#10;Contractual agreed-upon damages.&#10;Contractual agreed-upon damages.&#10;Contractual agreed-upon damages.&#10;Contractual agreed-upon damages.&#10;Contractual agreed-upon damages.&#10;Contractual agreed-upon damages.&#10;Contractual agreed-upon damages.&#10;Contractual agreed-upon damages.&#10;Punishment or penalty damages.&#10;Punishment or penalty damages.&#10;Punishment or penalty damages.&#10;Punishment or penalty damages.&#10;Punishment or penalty damages.&#10;Punishment or penalty damages.&#10;Punishment or penalty damages.&#10;Punishment or penalty damages.&#10;Punishment or penalty damages.&#10;Punishment or penalty damages.&#10;A monetary remedy.&#10;A monetary remedy.&#10;A monetary remedy.&#10;A monetary remedy.&#10;A monetary remedy.&#10;A monetary remedy.&#10;A monetary remedy.&#10;A monetary remedy.&#10;A monetary remedy.&#10;A monetary remedy.&#10;Actual sum lost by a party.&#10;Actual sum lost by a party.&#10;Actual sum lost by a party.&#10;Actual sum lost by a party.&#10;Actual sum lost by a party.&#10;Actual sum lost by a party.&#10;Actual sum lost by a party.&#10;Actual sum lost by a party.&#10;Actual sum lost by a party.&#10;Actual sum lost by a party.&#10;Forced performance of a contract.&#10;Forced performance of a contract.&#10;Forced performance of a contract.&#10;Forced performance of a contract.&#10;Forced performance of a contract.&#10;Forced performance of a contract.&#10;Forced performance of a contract.&#10;Forced performance of a contract.&#10;Forced performance of a contract.&#10;Forced performance of a contract.&#10;Damages preventing unjust enrichment.&#10;Damages preventing unjust enrichment.&#10;Damages preventing unjust enrichment.&#10;Damages preventing unjust enrichment.&#10;Damages preventing unjust enrichment.&#10;Damages preventing unjust enrichment.&#10;Damages preventing unjust enrichment.&#10;Damages preventing unjust enrichment.&#10;Damages preventing unjust enrichment.&#10;Damages preventing unjust enrichment.

Accepted Answer

The Answer of quantum meruit and specific performance and compensatory is...

Deck 10: Remedies in Contract Law