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In which of the following situations is restitution available as a remedy?


A) As an alternative remedy for a party injured by breach
B) For a party in default
C) For a party who may not enforce the contract because of the statute of frauds
D) All of these are situations where restitution is available.

Correct Answer

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Equitable remedies will not be granted where:


A) the terms of the contract are fair.
B) the consideration is adequate.
C) the terms of the contract are sufficiently certain.
D) the contract is tainted with fraud, duress, undue influence, mistake, or unfair practices.

Correct Answer

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Damages for reliance include expenses for:


A) lost profits.
B) injury to the person.
C) preparing to perform.
D) punishment of the breaching party.

Correct Answer

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Under the rule in Hadley v.Baxendale, only foreseeable damages can be recovered.

Correct Answer

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When an injured party is required to elect remedies, which of the following would be mutually exclusive?


A) Restitution and liquidated damages
B) Specific performance and compensation for incidental damages
C) Specific performance and restitution
D) Incidental and consequential damages

Correct Answer

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verified

Compensatory damages are intended to protect the injured party's expectation interest.

Correct Answer

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