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28.
(p. 455)
A _____ occurs whenever a party fails to perform his or her obligations under the
contract.
29.
(p. 455)
A[n] _____ discharges the nonbreaching party from his or her obligations under the
contract.
30.
(p. 455)
Which of the following occurs when a party unjustifiably fails to substantially perform his
or her obligations under the contract?
31.
(p. 456)
Which of the following occurs when a contracting party refuses to complete the contract
before the actual time of performance?
32.
(p. 457)
Which of the following occurs when parties agree that they simply wish to discharge each
other from their mutual obligations and therefore rescind or cancel the contract?
33.
(p. 457)
Which of the following occurs when, instead of canceling a contract, the parties
substitute a new agreement in place of the original?
34.
(p. 458)
Which of the following is used when, by agreement one of the parties substitutes a
different performance for his or her original duty under the contract?
35.
(p. 458)
Which of the following occurs when the parties to the agreement wish to replace one of
the parties with a third party?
36.
(p. 458)
Which of the following is not a way in which a contract may be discharged by operation of
law?
37.
(p. 459)
Which of the following is used as a basis for discharge by operation of law when
performance is still objectively possible but would be extraordinarily injurious or expensive to one
party?
38.
(p. 461)
Which of the following doctrines arose from cases in England in which parties who had
contracted for rooms along a parade route for a king's coronation, received their money back
when the coronation was canceled because the king became ill?
39.
(p. 463)
Monetary damages are also referred to as ______ damages.
40.
(p. 463)
Which of the following damages are designed to put the plaintiff in the position he or she
would have been in had the contract been fully performed?
41.
(p. 465)
Which of the following are foreseeable damages within the contemplation of the parties
at the time the contract was made, and that result from special facts and circumstances arising
outside the contract itself?
42.
(p. 466)
Which of the following types of damages are designed to punish the defendant and deter
him and others from engaging in similar behavior in the future?
43.
(p. 466)
When no actual damages result from the breach of a contract, the court may award the
plaintiff ______ damages.
44.
(p. 467)
Under which of the following type of damages do the parties specify in advance the
damages if there is a particular kind of breach?
45.
(p. 467)
The obligation to use reasonable efforts to minimize damage resulting from a breach is
referred as the duty to ______ one's damages.
