Performance and Breach - Case Studies

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Q. If a contract includes a clause that limits liability for breach, what is this clause commonly referred to as?
  • A. Exculpatory clause
  • B. Indemnity clause
  • C. Liquidated damages clause
  • D. Force majeure clause
Q. If a party is entitled to damages for breach of contract, what type of damages are intended to put the injured party in the position they would have been in had the contract been performed?
  • A. Consequential damages
  • B. Punitive damages
  • C. Compensatory damages
  • D. Nominal damages
Q. If a party to a contract performs their obligations but does so in a manner that is not consistent with the contract terms, what type of breach is this?
  • A. Minor breach
  • B. Material breach
  • C. Partial breach
  • D. No breach
Q. If a seller delivers goods that do not conform to the specifications in the contract, what is the buyer entitled to?
  • A. Nothing, the contract is still valid
  • B. A refund for the goods
  • C. Specific performance
  • D. Damages for breach
Q. In a case where a contractor fails to complete a project by the deadline specified in the contract, what type of breach has occurred?
  • A. Minor breach
  • B. Material breach
  • C. Anticipatory breach
  • D. No breach
Q. In a case where a party fails to perform a contract due to unforeseen circumstances, what defense might they raise?
  • A. Impossibility of performance
  • B. Frustration of purpose
  • C. Mutual mistake
  • D. Duress
Q. In a contract dispute, if one party has partially performed their obligations, what is the likely outcome regarding damages?
  • A. No damages awarded
  • B. Full damages awarded
  • C. Pro-rated damages based on performance
  • D. Punitive damages awarded
Q. In a contract for the sale of land, if the seller refuses to transfer the title after the buyer has fulfilled all conditions, what remedy is the buyer entitled to?
  • A. Rescission
  • B. Specific performance
  • C. Compensatory damages
  • D. Punitive damages
Q. What is the legal term for a party's indication that they will not perform their contractual obligations before the performance is due?
  • A. Breach
  • B. Anticipatory breach
  • C. Minor breach
  • D. Material breach
Q. When a party to a contract fails to perform their obligations, what is the first step the non-breaching party should take?
  • A. Sue for damages
  • B. Notify the breaching party
  • C. Terminate the contract
  • D. Seek specific performance
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