Deck 4: Breach of Contract, Interpreting and Drafting Contracts

Question 1

Because of the doctrine of remoteness, damages will only be awarded for breach of contract if the loss was caused by the breach.

Answer 1

False

Question 2

How relevant is inability to perform when considering whether a contract was breached?

Answer 2

Inability to perform is irrelevant to whether the contract was breached. Breach is determined by simply considering whether the work was done in accordance with the contract. Inability is merely the reason for the breach.

Question 3

The owner insists that the contractor perform certain work that the contractor claims is not part of the contract. Which of the following is an appropriate course of action for the contractor?

A) perform the disputed work hoping the owner will later agree to pay
B) stop work on the entire project unless the owner agrees to pay for the disputed work
C) perform all contractual obligations apart from the disputed work
D) none of the above

Answer 3

none of the above

Question 4

Which is the most common remedy for breach of construction contracts?

A) specific performance
B) damages
C) declaratory order
D) injunction

Question 5

A swimming pool contractor builds a pool with a deep end 11 ft deep, instead of the 12 ft specified in the contract. Would specific performance be ordered? If not, how would damages be calculated?

Question 6

Where the intentions of the parties are clear from the written contract, a court will not consider additional evidence on the parties' intentions.

Question 7

When will courts prefer the customary or special meaning of a word over its ordinary meaning?

Question 8

What is the name of the rule that generally excludes extrinsic evidence when interpreting a contract?

A) contra proferentem
B) the contextual approach
C) the parol evidence rule
D) none of the above