BUL 3320 Final Exam 2 Questions and
Answers
What would be a provision by which the parties agree in advance to the damages to be paid in the event
of a breach of the contract?
Punitive damage provision
Reliance damage provision
Consequential damage provision
liquidated damage provision - Answer-Liquidated damage provision
When is an agent normally not liable for a contracting agent entering into when the agent had and acted
within their authority
undisclosed
disclosed
partially disclosed principal? - Answer-Disclosed Principle
If a company only hires women as sales representatives because they believe that customers relate
better to women, would this be a violation of the
,Federal age discrimination in employment act
Violation of the Equal Pay Act
Not violating any
Federal Age Discrimination in Employment Act
Title 7 of the 1964 Civil Rights Act - Answer-Title 7 of the 1964 Civil Rights Act
What are the levels of performance of a contract?
complete performance
substantial performance
inferior performance of a contract.
All of the above - Answer-all of the above
T/F: Does tender of performance discharge a party's contractual obligation? - Answer-True
T/F: Complete or strict performance by a party discharges that party's duties under the contract. -
Answer-True
T/F: Fully performed contract is called an executed contract; Not fully performed is executory contract. -
Answer-True
T/F: If you have a minor breach of the contract, there has been substantial performance. - Answer-True
What rights do a non-breaching party have? - Answer-Able to sue to recover damages to recover the
cost of repairing a defect. Could NOT sue for specific performance.
,When would inferior performance of a contract occur? - Answer-When there's a major breach of a
contract.
If there is a breach in a contract, would the non-breaching party be discharged from any further
performance under the contract? Can they rescind the contract and seek restitution of any
compensation paid under the contract to the breaching party? - Answer-Yes, they are discharged;
Second part is a benefit of an inferior breach of a contract where they can rescind.
T/F: Anticipatory breach can be implied in the conduct of a party. When someone is supposed to
perform some duty and they don't show up, while stop answering your phone calls. - Answer-True
T/F: A non-breaching party has to wait until performance is due until they can sue. - Answer-False, if
someone is supposed to perform in 30 days and they tell you that they have no intention of performing
you do not have to wait 30 days.
What is the non-breaching party's obligation in the event of anticipatory repudiation? - Answer-The
non-breaching party can discharge at that point preventing any further duties under contract.
What are your damages when there's a breach of a sales contract involving goods normally governed
by? - Answer-Uniform Commercial Code, not common law.
A contractor can recover the profits they would have made on a contract if the owner breaches the
contract before construction begins. (Think anticipatory repudiation.) If Sam is supposed to start
building a house for Lisa in a week and Lisa isn't going to be following the contract by not allowing them
on the property, pay them money etc. Can Sam sue? - Answer-Sam can then sue at this point to recover
damages of the profits they would have made if the contract was fulfilled.
If an employer hires someone to work and their employee doesn't show up, what damages can the
employer recover for breaches of an employee contract? - Answer-Cost to hire a new employee and the
increase in salary for the replacement.
, T/F: Financial loss must be a result from a breach of a contract before the non-breaching party
can recover damages. - Answer-False, don't have to have a financial loss.
T/F: If a contract has a disclaimer for consequential damages this is lawful in most instances. - Answer-
True
T/F: Most courts do not favor nominal damages lawsuits such as $1. - Answer-True
T/F: If an employer breaches their contract, the employee still owes a duty to find substitute comparable
employment. The employee can't wait a year and then decide to sue for the whole year of damages. -
Answer-True
T/F: To have liquidated damage provisions in a contract, the amounts must be reasonable in the
circumstances and the damages must be difficult or impractical to determine. Law
doesn't favorite liquidated damage provisions. - Answer-True
T/F: If the court finds out that liquidated damage provision amounts to a penalty it is not enforceable. -
Answer-True
Under what circumstances would remedy of precision be available?
Material breach of a contract
Fraud
Duress/undue influence
Mistake - Answer-Mistake
Answers
What would be a provision by which the parties agree in advance to the damages to be paid in the event
of a breach of the contract?
Punitive damage provision
Reliance damage provision
Consequential damage provision
liquidated damage provision - Answer-Liquidated damage provision
When is an agent normally not liable for a contracting agent entering into when the agent had and acted
within their authority
undisclosed
disclosed
partially disclosed principal? - Answer-Disclosed Principle
If a company only hires women as sales representatives because they believe that customers relate
better to women, would this be a violation of the
,Federal age discrimination in employment act
Violation of the Equal Pay Act
Not violating any
Federal Age Discrimination in Employment Act
Title 7 of the 1964 Civil Rights Act - Answer-Title 7 of the 1964 Civil Rights Act
What are the levels of performance of a contract?
complete performance
substantial performance
inferior performance of a contract.
All of the above - Answer-all of the above
T/F: Does tender of performance discharge a party's contractual obligation? - Answer-True
T/F: Complete or strict performance by a party discharges that party's duties under the contract. -
Answer-True
T/F: Fully performed contract is called an executed contract; Not fully performed is executory contract. -
Answer-True
T/F: If you have a minor breach of the contract, there has been substantial performance. - Answer-True
What rights do a non-breaching party have? - Answer-Able to sue to recover damages to recover the
cost of repairing a defect. Could NOT sue for specific performance.
,When would inferior performance of a contract occur? - Answer-When there's a major breach of a
contract.
If there is a breach in a contract, would the non-breaching party be discharged from any further
performance under the contract? Can they rescind the contract and seek restitution of any
compensation paid under the contract to the breaching party? - Answer-Yes, they are discharged;
Second part is a benefit of an inferior breach of a contract where they can rescind.
T/F: Anticipatory breach can be implied in the conduct of a party. When someone is supposed to
perform some duty and they don't show up, while stop answering your phone calls. - Answer-True
T/F: A non-breaching party has to wait until performance is due until they can sue. - Answer-False, if
someone is supposed to perform in 30 days and they tell you that they have no intention of performing
you do not have to wait 30 days.
What is the non-breaching party's obligation in the event of anticipatory repudiation? - Answer-The
non-breaching party can discharge at that point preventing any further duties under contract.
What are your damages when there's a breach of a sales contract involving goods normally governed
by? - Answer-Uniform Commercial Code, not common law.
A contractor can recover the profits they would have made on a contract if the owner breaches the
contract before construction begins. (Think anticipatory repudiation.) If Sam is supposed to start
building a house for Lisa in a week and Lisa isn't going to be following the contract by not allowing them
on the property, pay them money etc. Can Sam sue? - Answer-Sam can then sue at this point to recover
damages of the profits they would have made if the contract was fulfilled.
If an employer hires someone to work and their employee doesn't show up, what damages can the
employer recover for breaches of an employee contract? - Answer-Cost to hire a new employee and the
increase in salary for the replacement.
, T/F: Financial loss must be a result from a breach of a contract before the non-breaching party
can recover damages. - Answer-False, don't have to have a financial loss.
T/F: If a contract has a disclaimer for consequential damages this is lawful in most instances. - Answer-
True
T/F: Most courts do not favor nominal damages lawsuits such as $1. - Answer-True
T/F: If an employer breaches their contract, the employee still owes a duty to find substitute comparable
employment. The employee can't wait a year and then decide to sue for the whole year of damages. -
Answer-True
T/F: To have liquidated damage provisions in a contract, the amounts must be reasonable in the
circumstances and the damages must be difficult or impractical to determine. Law
doesn't favorite liquidated damage provisions. - Answer-True
T/F: If the court finds out that liquidated damage provision amounts to a penalty it is not enforceable. -
Answer-True
Under what circumstances would remedy of precision be available?
Material breach of a contract
Fraud
Duress/undue influence
Mistake - Answer-Mistake
