In a sale of goods, which of these is required to create an express warranty:

The seller uses the term "warranty"

The seller uses the term "guaranty"

The seller intends to create an express warranty

A seller of a good impliedly warrants that the good will:

do what the seller has reason to know the buyer will use it for

do anything that the buyer tries to use it for

only do what the seller expressly warrants the good will do

only do what the seller knows the buyer will use it for

None of these - implied warranties don't apply to the sale of goods.

Which of these are true statements about compensatory damages:

They try to “make the plaintiff whole.”

They try to “put the plaintiff in the position they would have been in if the defendant had performed their obligations under the contract.”

They are also called direct damages because they are a direct result of the breach.

They are intended to punish parties for breaching a contract

They are intended to deter other parties from breaching a contract

If someone tries to use an event (like the bankruptcy of the company that bought natural gas from the producer) to avoid performing their contract obligations, the _____ term governs.

more specific contract term (like a shut-in payment)

The non-breaching party can recover lost profit damages only if:

A reasonable person would know that their breach would cause lost profits.

The breaching party knew that their breach would cause lost profits.

Lost profits are always recoverable

Lost profits are never recoverable

S25TH - Contracts - Discharge and Damages

Authored by Dean Kuckelman

Business

12th Grade

CCSS covered

Used 6+ times

S25TH - Contracts - Discharge and Damages

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46 questions

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MULTIPLE CHOICE QUESTION

30 sec • 1 pt

True or False. Most contracts end when they are breached by one of the parties.

True

False

Tags

CCSS.RI.11-12.5

CCSS.RI.9-10.5

CCSS.RI.8.5

CCSS.RI.6.5

CCSS.RI.7.5

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

True or False. A "material breach" is when the parties don’t perform everything that they agreed to in the contract, but did substantially perform what they agreed to do under the contract.

True

False

Tags

CCSS.RI.11-12.5

CCSS.RI.9-10.5

CCSS.RI.8.5

CCSS.RI.6.5

CCSS.RI.7.5

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

True or False. Where one party substantially performs their contract obligations, the other party will be required to perform their duties under the contract, but with adjustments to compensate them for the failure to fully perform the contract.

True

False

Tags

CCSS.RI.11-12.5

CCSS.RI.9-10.5

CCSS.RI.8.5

CCSS.RI.6.5

CCSS.RI.7.5

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

True or False. If one party to the contract commits a material breach, the other party has no obligation to perform the contract - their obligations are discharged by the other party’s breach.

True

False

Tags

CCSS.RI.11-12.5

CCSS.RI.9-10.5

CCSS.RI.8.5

CCSS.RI.6.5

CCSS.RI.7.5

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

True or False. If one of the parties makes it clear that they will not perform the contract, the other party can declare the contract breached, and stop performing their obligations under the contract.

True

False

Tags

CCSS.RI.11-12.5

CCSS.RI.9-10.5

CCSS.RI.8.5

CCSS.RI.6.5

CCSS.RI.7.5

MULTIPLE SELECT QUESTION

30 sec • 1 pt

Article 2 of the UCC applies to:

Sales

Leases

Goods

Real property

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Promises by the seller of goods can create:

express warranties

implied warranties

either of these

neither of these

Tags

CCSS.RI.11-12.7

CCSS.RI.9-10.7

CCSS.RL.11-12.7

CCSS.RL.9-10.7

CCSS.RL.8.7

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S25TH - Contracts - Discharge and Damages

True or False. Most contracts end when they are breached by one of the parties.

True or False. A "material breach" is when the parties don’t perform everything that they agreed to in the contract, but did substantially perform what they agreed to do under the contract.

True or False. Where one party substantially performs their contract obligations, the other party will be required to perform their duties under the contract, but with adjustments to compensate them for the failure to fully perform the contract.

True or False. If one party to the contract commits a material breach, the other party has no obligation to perform the contract - their obligations are discharged by the other party’s breach.

True or False. If one of the parties makes it clear that they will not perform the contract, the other party can declare the contract breached, and stop performing their obligations under the contract.

Article 2 of the UCC applies to:

Promises by the seller of goods can create:

Descriptions of the goods that are made by the seller of goods can create:

In a sale of goods, whether there is an _____, depends on what a reasonable buyer would think is important.

In a sale of goods, "fitness for a particular purpose" is an _____.

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