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Worksheetsunit 3 law
Total questions: 49
Worksheet time: 25mins
an assertion that is not in accord with the truth. When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact, the contract is voidable
Misrepresentation
Fraud
Mistake
Duress
Undue Influence
the type of misrepresentation that is committed knowingly, with the intent to deceive.
Misrepresentation
Fraud
Mistake
Duress
Undue Influence
a belief about a fact that is not in accord with the truth
Misrepresentation
Fraud
Mistake
Duress
Undue Influence
wrongful coercion that induces a person to enter or modify a contract.
Misrepresentation
Fraud
Mistake
Duress
Undue Influence
unfair persuasion. Like duress, undue influence involves wrongful pressure exerted on a person during the bargaining process.
Misrepresentation
Fraud
Mistake
Duress
Undue Influence
the ability to incur legal obligations and acquire legal rights.
Capacity
considration
accepte
legal value, bargained for and given in exchange for an act or a promise
capacity
Consideration
accepte
a condition that is specified in the language of the parties’ contract.
Express Condition
Implied Condition
Constructive Condition
one that is not specifically stated by the parties but is implied by the nature of the parties’ promises.
Express Condition
Implied Condition
Constructive Condition
(also known as implied-in-law conditions) are conditions that are imposed by law rather than by the agreement of the parties.
Express Condition
Implied Condition
Constructive Condition
a standard of performance that requires virtually perfect compliance with the contract terms.
Strict Performance
Substantial Performance
Good-faith Performance
performance that falls short of complete performance in minor respects.
Strict Performance
Substantial Performance
Good-faith Performance
mean that neither party to a contract will do anything to prevent the other from obtaining the benefits that she has the right to expect from the parties’ agreement or their contractual relationship.
Strict Performance
Substantial Performance
Good-faith Performance
One party cannot, by his wrongful act, bring a contract to an end without the consent of the other.
true
fales
failing to perform any term of a contract, written or oral, without a legitimate legal excuse.
Breach of contract
Effect of Material Breach
Time of Performance
Effect of Nonmaterial Breach
occurs when the promisor’s performance fails to reach the level of performance that the promisee is justified in expecting under the circumstances.
Breach of contract
Effect of Material Breach
Effect of Nonmaterial Breach
Time of Performance
A party’s failure to perform on time is a breach of contract that may be serious enough to constitute a material breach, or it may be relatively trivial under the circumstances.
Breach of Contracts
Effect of Material Breach
Effect of Nonmaterial Breach
Time of Performance
Breach of contract isn't one of the most common causes of law suits for damages and/or court-ordered "specific performance" of the contract.
true
fales
At a maximum, a party’s breach of contract gives the nonbreaching party the right to sue and recover for any damages caused by that breach.
true
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Nonmaterial Breach he does have the right to cancel the contract
true
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One type of breach of contract occurs when the promisor indicates before the time for his performance that he is unwilling or unable to carry out the contract.
Anticipatory Repudiation
Anticipatory Repudiation
Determining the Materiality of the Breach
Nonmaterial Breach
When performance of a contractual duty becomes impossible after the formation of the contract, the duty will be discharged on grounds of impossibility.
Discharge by frustration
Discharge by Mutual Agreement
Discharge by Accord and Satisfaction
Discharge by Waiver
Discharge by Statute of Limitation
contracting parties may terminate the contract by mutual agreement after conclusion thereof
Discharge by frustration
Discharge by Mutual Agreement
Discharge by Accord and Satisfaction
Discharge by Waiver
Discharge by Statute of Limitation
The general rule is that a party is not discharged unless and until he has entirely performed his contractual obligation.
Discharge by frustration
Discharge by Mutual Agreement
Discharge by Accord and Satisfaction
Discharge by Waiver
Discharge by Statute of Limitation
A party to a contract may voluntarily relinquish any right he has under a contract, including the right to receive return performance
Discharge by frustration
Discharge by Mutual Agreement
Discharge by Accord and Satisfaction
Discharge by Waiver
Discharge by Statute of Limitation
This accord is an agreement whereby a promisee who has an existing claim agrees with the promisor that he will not accept some performance different from that which was originally agreed on.
true
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The effect of termination is considered as a dissolution in towards the contracting parties.
true
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Discharge by frustration the most one common situations involve Destruction of the subject matter of the contract.
true
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Discharge by frustration the most one common situations involve
Supervening legality
true
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Anticipatory breach generally constitutes a material breach of contract that discharges the promisee from all further obligation under the contract
true
fales
In Saudi Arabia, the duration of the Statute of Limitation is 2 years from the occurrence of the dispute or breach of contract.
true
fales
A party cannot recover for losses that he could have avoided without undue risk, burden, or humiliation.
true
fales
a person who has been injured by a breach of contract isn't entitled to recover compensatory damages.
true
fales
compensatory damages include one or more of three possible items: loss in value, any allowable consequential damages, and any allowable incidental damages.
true
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The primary equitable remedies for breach of contract are: Specific performance, Injunction.
true
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The objective of granting a remedy in a case of breach of contract is simply to compensate the injured party.
true
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that will compensate the injured party for his losses.
award of money damages
legal remedy
Equitable remedies
restitution
or remedy at law because the imposition of money damages in our legal system originated in courts of law
award of money damages
legal remedy
Equitable remedies
restitution
Equitable remedies more frequently used but still important are equitable remedies such as specific performance.
true
fales
are those remedies that had their origins in courts of equity rather than in courts of law.
award of money damages
legal remedy
Equitable remedies
restitution
which requires the defendant to pay the value of the benefits that the plaintiff has conferred on him.
award of money damages
legal remedy
Equitable remedies
restitution
A party cannot recover for losses that he could have avoided without undue risk, burden, or humiliation.
true
fales
a person who has been injured by a breach of contract isn't entitled to recover compensatory damages.
true
fales
an equitable remedy whereby the court orders the breaching party to perform his contractual duties as promised.
Specific performance
Injunction
Restitution
an equitable remedy that is employed in many different contexts and is sometimes used as a remedy for breach of contract.
Specific Performance
Injunction
Restitution
Injunctions are available not only when the breach or threatened breach is likely to cause irreparable injury.
true
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remedy that can be obtained either at law or in equity.
Specific Performance
Injunction
Restitution
Restitution applies when one party’s performance or reliance has conferred a benefit on the other.
true
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restitution often applies in cases in which a person rescinds a contract on the grounds of lack of capacity, misrepresentation, fraud, duress, undue influence, or mistake.”
true
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