BUSAD 120 - Business Law » Summer 2022 » Chapter 19 Study Guide Quiz
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Question #1
Fidelio Corporation enters into a contract with Equi Insurance, Inc., to obtain health insurance for Fidelio employees. Equi breaches the contract. If Fidelio is awarded compensatory damages, the purpose would be to
A.
punish Equi and set an example to deter others from similar acts.
B.
provide Fidelio with funds for its loss of the bargain.
C.
establish, as a matter of principle, that Equi acted wrongfully.
D.
provide Fidelio with funds for a foreseeable loss beyond the contract.
Question #2
Damon contracts to repair the turf on a soccer field for Carousel Sports Park. Damon knows that without the repair, Carousel will have to cancel an upcoming game. Damon does not perform as promised. As consequential damages, Carousel can recover
A.
the loss of profit from the canceled game.
B.
the difference between Damon’s price and the actual cost of repair.
C.
nothing.
D.
the cost of new turf.
Question #3
Development Associates (DA) agrees to buy five acres of land from Eastside Properties for $15,000. Eastside fails to go through with the deal on the agreed date, when the market price of the land is $17,000. DA may recover
A.
$0.00
B.
$17,000.00
C.
$15,000.00
D.
$2,000.00
Question #4
Rite Contractors, Inc., agrees to build a motel for Sleep Inn Corporation. The project proceeds according to plan, but before it is done, Sleep tells Rite to quit. Rite may recover
A.
the costs needed to complete construction.
B.
profits plus the costs incurred up to the time of the breach.
C.
the contract price.
D.
the contract price less costs of materials and labor.
Question #5
SFX Paintball Games, Inc., and Truck & Trailer Delivery Corporation sign an agree¬ment that provides for the payment of “$1,000 by whichever party commits a material breach of the contract that creates damages difficult to esti¬mate but approximately $1,000.”
A.
a mitigation of damages clause.
B.
a nominal damages clause.
C.
a penalty clause.
D.
a liquidated damages clause.
Question #6
Vacation Vistas, Inc., agrees to sell certain acreage to Umiko, who intends to develop a destination resort. Vacation Vistas repudiates the deal. Umiko sues Vacation Vistas and recovers dam¬ages. She can now obtain
A.
damages representing restitution.
B.
specific performance of the deal.
C.
an amount in a quasi-contractual recovery.
D.
nothing more.
Question #7
Fashion Retail Center enters into a contract with Great Promotions, Inc., to provide Fashion with a plan to retool its merchandising strategy. If Great Promotions breaches the contract, Fashion has a duty to
A.
punish Great Promotions and deter others from similar acts.
B.
reduce the loss that Great Promotions might otherwise suffer.
C.
take no action.
D.
reduce the damages that Fashion might otherwise suffer.
Question #8
To avoid liability for intentional injuries, Northwest Power Corporation in¬cludes in its contracts an exculpatory clause. This is
A.
enforceable if the other parties consent to it.
B.
enforceable if the other parties have equal bargaining power.
C.
not enforceable.
D.
enforceable if the other parties are protected from liability.
Question #9
Dondi contracts to buy a custom espresso maker from Caffee Specialties, Inc., for $4,500, but Caffee fails to deliver. Dondi buys the appliance else¬where for $5,500. Dondi’s measure of damages is
A.
$0.00
B.
incidental damages only.
C.
$1,000 plus incidental damages.
D.
$1,000.00
Question #10
Rural Power Utility, Inc., enters into a contract with Shovel Excavation Service to dig up, replace, and rebury Rural’s cables in a certain location. Rural advances Shovel 10 percent of its cost. The parties rescind the contract. Shovel’s refund of the payment is
A.
a breach of contract.
B.
restitution.
C.
a penalty.
D.
liquidated damages.
Question #11
Pure Oil Company enters into a contract with QuikBilt, Inc., to construct an offshore oil pipeline to withstand specific conditions. If QuikBilt fails to meet this standard, which is construed as a breach of contract and a breach of a duty of care, Pure might be awarded punitive damages to
A.
provide Pure with funds for a foreseeable loss beyond the contract.
B.
provide Pure with funds for its loss of the bargain.
C.
establish, as a matter of principle, that QuikBilt acted wrongfully.
D.
punish QuikBilt and deter others from similar acts.
Question #12
Lester and Myrtle want to rescind their contract under which Lester sold an MP3 player for $40. To rescind the contract
A.
the parties can keep the “benefits” of their bargain.
B.
Lester must return the $40 and Myrtle must return the player.
C.
Myrtle must return the player only.
D.
Lester must return the $40 only.
Question #13
Refined Commodities, Inc., agrees to deliver ten tons of sheet metal to Select Builders Corporation. The agreement states that delivery is to be within “3” days, although the parties intend “30” days. Refined cannot convince Select to amend the contract. Refined should seek
A.
rescission.
B.
reformation.
C.
damages.
D.
specific performance.
Question #14
A breach of contract entitled the nonbreaching party to sue for monetary damages.
A.
False
B.
True
Question #15
Damages are designed to punish a breaching party and deter others from similar conduct.
A.
False
B.
True
Question #16
Compensatory damages are foreseeable damages that arise from a party’s breach of a contract.
A.
False
B.
True
Question #17
Compensatory damages compensate an injured party for damages arising directly from the loss of a bargain caused by a breach of contract.
A.
False
B.
True
Question #18
A party seeking to recover compensatory damages cannot also recover in¬cidental damages.
A.
True
B.
False
Question #19
Ordinarily, the remedy for a seller’s breach of a contract for a sale of real estate is damages.
A.
False
B.
True
Question #20
A contract may include a clause stating that no damages can be recovered for a certain type of breach.
A.
True
B.
False
Question #21
The purpose of the doctrine of election of remedies is to permit double recovery.
A.
True
B.
False
Question #22
The failure of one party to perform a contract entitles the other party to rescind it.
A.
True
B.
False
Question #23
The measure of damages for breach of a construction contract depends on which party breaches and when.
A.
False
B.
True
Question #24
A penalty provision specifies a certain amount to be paid in the event of a default or breach of contract.
A.
True
B.
False
Question #25
Most parties settle their lawsuits for damages or other remedies prior to trial.
A.
True
B.
False
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