WorksheetsWeek 12 quiz CC & P
Total questions: 15
Worksheet time: 8mins
Which below is not a permissible reason for contract discharge?
Performance
Agreement
Frustration
Annoyance
What is the requirements for discharge of a contract for performance?
When a party has done what is required in the contract.
When all works under the contract are complete
When all the requirements of the contract are fulfilled
None of these
All of these
Choose the incorrect response for the description of impossibility of performance
Absolute impossibility
Radical difference
Challenging contract clauses
Supervening illegality
Futility performance
All breaches of contracts end the contract. True/False
False
True
What are some of the entitlements of the innocent party following a breach of contract. Choose all correct responses
Damages
Termination
Specific performance
Injunctions
Damages for breach of contract would NOT include which of the following
None of these
Interest
Overheads
Lost profits
Expenses
Choose the relevant costs related to a breach of contract that could be considered for recovery in a construction project.
Cost to complete
Preliminaries
Losses for late completion
All of these
None of these
In the right to recover damages from a breach of contract what must a plaintiff prove regarding the claim? Choose all the correct responses.
The amount of loss
The breach caused the loss
The loss is not too remote
The loss caused inconvenience
What is the rule surrounding Mitigation once a plaintiff expects to be able to claim damages for a breach of contract?
The party being compensated must attempt mitigate further damages
The party being compensated should maximise damages
The party being compensated should increase the chance of a considerable payout by inaction
None of these
What are two critical aspects of liquidated damages in terms of enforceability?
They must allow for speedy capitalisation to enable quick payment of damages
They need to represent fair compensation for losses caused to the innocent party
Unenforceable if unconscionable or considered a penalty
Must be exact to be enforceable
In the case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd (1915) AC 79) What were the two contested views.
Liquidated damages were fair
Liquidated damages were a penalty
Liquidated damages were too low
Liquidated damages were illegal
Specific performance is a common remedy on commercial contracts?
True
False
What are important contract related considerations in the case “Case: Mehmet v Benson (1965)
All of these
Recission
Specific performance
Readiness and willingness to perform
Date for completion
Which of the following is not a legally recognised injunction used in relation to contracts
Interlocutory
Permanent
Prohibitory
Mandatory
Voluntary
What law concepts were involved in the case of Pavey & Matthews Pty. Ltd. v Paul (1987). Choose all relevant responses
Oral contracts
Unjust enrichment
Quantum meruit
Restitution based on unjust enrichment
