Question 1

An injunction is a court order to pay compensatory damages for a breach of contract.

Accepted Answer

An injunction is a court order to stop someone from doing something, usually to prevent harm or further harm. Compensatory damages for a breach of contract may be awarded through a separate court order, but it is not the same as an injunction.

Question 2

Quasi contract is also referred to as quantum meruit,a rule that allows courts to avoid injustice such as unjust enrichment.

Accepted Answer

Quasi contract and quantum meruit are often used interchangeably, and the purpose of this rule is to prevent unjust enrichment in situations where there is no formal contract in place.

Question 3

In Scheerer v.Fisher,where Scheerer claimed he was cut out of a real estate
commission he should have received,the appeals court agreed he should be paid based a measure of expectancy damages.

Accepted Answer

In Scheerer v. Fisher, the court did not award expectancy damages to Scheerer; instead, the court focused on whether Scheerer had a valid contract that entitled him to a commission, and the case primarily dealt with issues of contract formation and enforceability rather than the calculation of damages.

Question 4

In Scheerer v.Fisher,where Scheerer claimed he was cut out of a real estate
commission he should have received,the appeals court held he had no claim for payment as there was no written agreement as required by the Statute of Frauds.

Accepted Answer

The answer of In Scheerer v.Fisher,where Scheerer claimed he was...

Question 5

Restitution is a form of damages granted by courts to allow parties to recover for profits lost that would have been earned had a contract been fulfilled.

Accepted Answer

Restitution is a remedy designed to restore the injured party to the position they were in before the contract was breached, rather than compensating for lost profits, which falls under the category of compensatory damages.

Question 6

A quasi-contract is not a true contract;the courts impose an obligation to prevent an injustice.

Accepted Answer

A quasi-contract is also known as an implied-in-law contract or constructive contract, and it is not a true contract because it is not formed through the parties' mutual agreement or intent. Instead, the courts create a fictional agreement to prevent one party from being unjustly enriched at the expense of another party. Therefore, the obligation is imposed by the court rather than by the parties themselves.

Question 7

If a partner leaves a firm to go into competition with her old firm,it is possible the firm could get an injunction against the partner working in competition.

Accepted Answer

If the departing partner signed a non-compete agreement, the firm could seek an injunction to prevent the partner from working in competition. However, the enforceability of non-compete agreements varies by jurisdiction and specific conditions of the agreement.

Question 8

Specific performance is a type of remedy employed by the courts where money damages would be inadequate.

Accepted Answer

Specific performance is a remedy that requires a party to perform exactly what was agreed upon in a contract. It is typically granted when monetary damages would not be sufficient to compensate the other party for breach of contract.

Question 9

In Scheerer v.Fisher,where Scheerer claimed he was cut out of a real estate
commission he should have received,the appeals court agreed he should be paid based on quantum meruit.

Accepted Answer

The statement accurately summarizes the outcome of the case in Scheerer v. Fisher.

Question 10

M agrees to buy Z's house.At the last minute,Z refuses to finish the deal.If the court orders specific performance,M gets the house at the contract price.

Accepted Answer

If the court orders specific performance, it means that Z is ordered to fulfill their obligations under the contract, which is to sell the house to M at the contract price. Therefore, M gets the house at the agreed upon price.

Question 11

Restitution is an equitable remedy that may be used to prevent unjust enrichment when one party accepts benefits provided by another that were not under contract.

Accepted Answer

Restitution is indeed an equitable remedy used to prevent unjust enrichment when benefits were provided without a contract.

Question 12

Quasi contract is used to prevent quantum meruit from occurring.

Accepted Answer

Quasi contract is not used to prevent quantum meruit; rather, both concepts are remedies in law to prevent unjust enrichment. Quasi contracts are fictional contracts that the law imposes to create an obligation between parties, typically when no actual agreement exists, to ensure fairness. Quantum meruit, meaning "as much as he has earned," is a principle used to determine the amount to be paid for services when no contract exists or when work done is outside the scope of an existing contract.

Question 13

An injunction may be a court order to do something or to not do something.

Accepted Answer

An injunction is a court order that requires an individual or entity to take a specific action or to refrain from doing a particular activity.

Quiz 10: Contracts