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Normally,when a nonbreaching party has been damaged by a breach of contract,he or she does not have a duty to mitigate those damages.

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Consequential damages are awarded to cover all of the remote conse-quences of whatever injury a nonbreaching party suffers.

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Home Delivery Corporation and Interstate Transport,Inc.,sign an agree-ment that provides for the payment of "$1,000 by whichever party commits a material breach of the contract that creates damages difficult to esti-mate but approximately $1,000." This is


A) a liquidated damages clause.
B) a mitigation of damages clause.
C) a nominal damages clause.
D) a penalty clause.

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Earl holds 1,000 pounds of perishable fruit in storage for Fresh Food Corpo-ration.Fresh Food does not pay for the storage.Earl sells the fruit to Green Grocers,Inc.This sale represents


A) a breach of contract.
B) a mitigation of damages.
C) rescission and restitution.
D) specific performance.

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The injury suffered by a nonbreaching party due to the breach of a con-tract may be remedied by payment of compensatory damages.

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Fact Pattern 13-1 Bella Homes enters into a contract to buy 132 acres from Watershed Holdings to subdivide and sell in fifth-acre lots for Pristine Meadow,a residential development. -Refer to Fact Pattern 13-1.If Bella breaches the contract,Watershed's remedy would most likely be


A) a certain ratio of the amount that Bella has in liquidated funds.
B) a percentage of Bella's unrealized profit.
C) the difference between the land's contract and market prices.
D) specific performance.

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In a contract for a sale of goods,the usual measure of compensatory dam-ages is the difference between the contract price and the market price.

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Compensatory damages compensate the injured party for injuries sustained due to loss of the contract and also punish the party that breached the contract.

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Clarice pays Damien $10,000 to design an ad campaign for her Sweetwater Coffee Stand chain.The next day,Damien tells Clarice that he has accepted a job in New York and cannot design her campaign.She files a suit against Damien.As compensatory damages,she can recover


A) $100,000.
B) $10,000.
C) $1,000.
D) $0.

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Rough & Ready Timber Company orally contracts with Shawn for the purchase of five acres of Shawn's timberland.Shawn makes the transfer but Rough & Ready does not pay the price.The lack of a written contract could bar enforcement of this deal.If so,Shawn could most likely recover on a theory of


A) reformation.
B) restitution.
C) liquidated damages.
D) quasi contract.

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The measure of damages for breach of a construction contract depends on which party breaches and when.

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Hybrid Corporation enters into a contract with Insure Service,Inc.(ISI) ,to obtain health insurance for Hybrid employees.If ISI breaches the contract and Hybrid is awarded compensatory damages,the purpose would be to


A) establish,as a matter of principle,that ISI acted wrongfully.
B) provide Hybrid with funds for a foreseeable loss beyond the contract.
C) provide Hybrid with funds for its loss of the bargain.
D) punish ISI and set an example to deter others from similar acts.

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Consequential damages are foreseeable damages that arise from a party's breach of a contract.

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Liquidated damages provisions are usually not enforceable.

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When a breach of contract occurs,the innocent injured party has a duty to mitigate the damages.

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Mother & Daughter Jewelers breaches its lease with Longview Mall and vacates the premises six months before the end of the term.In some states,Longview would have to


A) avoid reletting the premises to recover damages.
B) use reasonable means to find a new tenant to mitigate dam-ages.
C) relet the premises to recover any damages.
D) sell the premises to recover any damages.

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Special damages are awarded for damage caused by special circumstances beyond a contract.

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A contract between E-Debits,Inc.,and First Credit Corporation includes a provision excluding liability as a result of fraud.This provision is


A) enforceable because the parties are protected from liability.
B) enforceable because the parties consented to it.
C) enforceable if the parties have equal bargaining power.
D) not enforceable.

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Punitive damages are generally available in contract disputes.

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To rescind a contract,each party essentially advances to the position he or she would have been in if the contract had been fully executed.

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