by jac10


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the assignment of the same contract right to two different parties results in their "splitting the difference".
False
to be enforceable, a delegation of duties must be in writing
False
Alienation is a transfer of contract rights between citizens of different nations
False
a delegation relieves the party making it of the obligation to perform even if the party to whom the duty is delegaed fails to perform
False
an intended beneficiary is entitled to enforce the promise of a promisor
true
acreditor beneficiary has the power to sue the promisee if the contract is breached
True
The rights of a third party beneficiary under a contract are subject to any express reservation of rights in the contract to the orifinal parties
True
an incidental beneficiaty is not entitled to enforce the promise of a promisor
true
If a contract benefits a third party incidentally, the third party has the power to enforce the contract.
False
the most common way to discharge a contrac is by breach
False
If a contract condition is not stisfied, the obligations of the contracting parties are discharged
True
a promise to perform under a contract may be absolute
True
A condidtion pprecedent must be met before a party's performance can be required
True
conditions subsequent are more common than conditions precedent
False
A buyers duty to pay becomes absolute once a contract is formed
False
a partys normally satisfies its duties under a contract by novation
False
complete performance occurs when conditions in a contract are fully satisfied
True
Performance that provides a party with most of the benefits of a contract, in spite of deviation from the terms, is substantial performance
True
an intentional variation from a contract prevents substantial performance
false
if a contract requires performance to the personal stisfaction of a party, the party to be stisfied must act honestly and in good faith
True
anything less than complete performance is a material breach
false
any breach allows the nonbreaching party to cancel the contract
False
to rescind a contract, the parties must make a second agreement that includes consideration
True
A novation revokes and dischates a prior contract
true
If a party breaches a contract, the other party can only refuse to perform
False
Damages compensate a party for harm suffered as a result of another's wrongful act
True
The injury suffered by a nonbreaching party due to the breach of contract may be remedied by payment of compensatory damges
True
expenses that are cuased directly by breach of contract such as those incurred to obtain performance from another source are incidental damages
true
In a contract for a sale of goods, the usual measure of compensatory damages is the difference between the contract price and the market price
true
The measure of damages for the breach of a contract for a sale of land depends on which party breaches and when
False
In a contract for sale of land, the usual remedy is specific performance
True
Consequential damages are foreseeable damages that arise from a party's breach of a contract
True
Damages are awarded for whatever injury a nonbreaching party suffers, whether or not the breaching party could have foreseen the injury
False
Normally, when a nonbreaching party has been damaged by a breach of contract, he or she has a duty to mitigate those damages.
True
Liquidated damage clauses typically require a party who breaches a contract to pay a certain amount to the nonbreaching party
True
Restitution involves one party's recapture of a benefit through which another party has been unjustly enriched
True
Reformation allows a court to rewrite a contract to reflect the parties true intentions
True
A party seeking to recover in quasi contract must show that he or she has been unjustly enriched
False
A party who knowningly accepts defective performance of a contract thereby acknowledges he breach and can take laer action on it
FAlse
Under the UCC, a sale of goods will be considered valid only if the goods are paid for with money
False
A copyright is an exanple of property that does not come under article 2
True
The UCC governs sales of services
false
If a seller is to remove a structure attached to land, the sale of the structure is treated as one involving goods
True
The UCC does not impose different standards on merchants than it imposes on consumers
False
Article 2A of the UCC covers subleases of goods
True
A consumer lease is excepted from coverage under the UCC
False
A lessee is a party who transfers a right to the possession and use of goods under a lease
False
Under the UCC, the calidity of contract depends on its price term.
False
If a contract for a sale of goods doesn not include the delivery date, ther is no basis for enforcing it
False
Under the UCC, a contract for sale of goods that does not include the quantity is a requirements contract
False
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