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BLW 201 TF SELF TEST CHAPTER 18 CLARKSON 11TH ED 091208



True/False
Indicate whether the statement is true or false.
 

 1. 

If a party breaches a contract, the other party can only refuse to perform.
 

 2. 

Damages compensate a party for harm suffered as a result of another's wrongful act.
 

 3. 

The measure of damages on a breach of contract is the amount that will impress on the breaching party the harm that has been done.
 

 4. 

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

 5. 

Expenses that are caused directly by a breach of contract--such as those incurred to obtain performance from another source--are incidental damages.
 

 6. 

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.
 

 7. 

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

 8. 

In a contract for a sale of land, the usual remedy is specific performance.
 

 9. 

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

 10. 

Damages are awarded for whatever injury a nonbreaching party suffers, whether or not the breaching party could have foreseen the injury.
 

 11. 

Punitive damages are almost never available in contract disputes.
 

 12. 

Nominal damages normally establish that the defendant acted wrongly.
 

 13. 

Normally, when a nonbreaching party has been damaged by a breach of contract, he or she has a duty to mitigate those damages.
 

 14. 

Liquidated damage clauses typically require a party who breaches a contract to pay a certain amount to the nonbreaching party.
 

 15. 

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.
 

 16. 

Restitution involves one party's recapture of a benefit through which another party has been unjustly enriched.
 

 17. 

Reformation allows a court to rewrite a contract to reflect the parties' true intentions.
 

 18. 

A party seeking to recover in quasi contract must show that he or she has been unjustly enriched.
 

 19. 

Whether a contract's limitation-of-liability clause will be enforced depends on the type of breach that the clause excuses.
 

 20. 

A party who knowingly accepts defective performance of a contract thereby acknowledges the breach and can take later action on it.
 



 
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