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161. Courts that have adopted the notion of impracticability make it much easier for parties to get out of contractual
obligation than under courts that only use the doctrine of impossibility.
a. True
b. False
162. Injunctions are the most common form of damages granted.
a. True
b. False
163. In general, damages are to put the party who suffered from a breach of contract in the same economic position as
if the contract had been performed.
a. True
b. False
164. The economic loss rule holds that in case of a breach of contract, all losses, including mental distress and punitive
damages, shall be calculated in favor of the party who suffered the effects of the breach.
a. True
b. False
165. The economic loss rule holds that in case of a breach of contract, only economic losses, not such things as mental
distress, will be compensated.
a. True
b. False
166. Compensatory damages or actual damages were the costs incurred attempting to live up to a contract that another
party breached.
a. True
b. False
167. Expectancy damages are a measure of the profits you expected to earn if the other party to a contract had not
breached the contract.
a. True
b. False
168. Expectancy damages are the damages you expect the court to award you in case the other party to a contract
breached the contract.
a. True
b. False
169. In DeRosier v. Utility Systems, where DeRosier had more dirt dumped on his property than he wanted, the appeals
court held that DeRosier had no obligation to accept the construction company's low bid to remove the extra dirt.
a. True
b. False
170. In DeRosier v. Utility Systems, where DeRosier had more dirt dumped on his property than he wanted, the appeals
court held that DeRosier could not collect damages for delay in constructing a new house.
a. True
b. False
171. In DeRosier v. Utility Systems, where DeRosier had more dirt dumped on his property than he wanted, the appeals
court held that DeRosier could collect damages for the costs of removing the excess dirt dumped on his property.
a. True
b. False
172. In Japan, more specific details of a contract are usually negotiated before a contract is signed than would be the
case in the U.S.
a. True
b. False
173. In Japan, contract negotiations typically are quite time consuming.
a. True
b. False
174. Liquidated damages may be any amount, so long as both parties to a contract agree to the sum.
a. True
b. False
175. Liquidated damages are usually determined by the parties to a contract in the contract itself.
a. True
b. False
176. Nominal damages are usually a trivial sum of money.
a. True
b. False
177. Punitive damages are usually awarded based on malicious conduct.
a. True
b. False
178. Punitive damages are also known as expectancy damages.
a. True
b. False
179. Punitive damages in breach of contract cases are based on a tort, not the breach itself.
a. True
b. False
180. If one party breaches a contract, the party suffering from the breach has no duty to mitigate (reduce) the extent of
the damages suffered from the breach.
a. True
b. False
181. In general, courts prefer to give equitable remedies instead of damages in case of breach of contract.
a. True
b. False
182. Specific performance is a type of remedy employed by the courts where money damages would be inadequate.
a. True
b. False
183. M agrees to buy Z's house. At the last minute, Z refuses to finish the deal. If the court orders specific performance,
M gets the house at the contract price.
a. True
b. False
184. An injunction is a court order to pay compensatory damages for a breach of contract.
a. True
b. False
185. An injunction may be a court order to do something or to not do something.
a. True
b. False
186. If a partner leaves a firm to go into competition with her old firm, it is possible the firm could get an injunction
against the partner working in competition.
a. True
b. False
187. Restitution is a form of damages granted by courts to allow parties to recover for profits lost that would have been
earned had a contract been fulfilled.
a. True
b. False
188. Restitution is an equitable remedy that may be used to prevent unjust enrichment when one party accepts benefits
provided by another that were not under contract.
a. True
b. False
189. A quasi-contract is not a true contract; the courts impose an obligation to prevent an injustice.
a. True
b. False
190. Quasi contract is also referred to as quantum meruit, a rule that allows courts to avoid injustice such as unjust
enrichment.
a. True
b. False
191. Quasi contract is used to prevent quantum meruit from occurring.
a. True
b. False
192. In Scheerer v. Fisher, where Scheerer claimed he was cut out of a real estate commission he should have
received, the appeals court agreed he should be paid based on quantum meruit.
a. True
b. False
193. In Scheerer v. Fisher, where Scheerer claimed he was cut out of a real estate commission he should have
received, the appeals court agreed he should be paid based a measure of expectancy damages.
a. True
b. False
194. In Scheerer v. Fisher, where Scheerer claimed he was cut out of a real estate commission he should have
received, the appeals court held he had no claim for payment as there was no written agreement as required by the
Statute of Frauds.
a. True
b. False
