Law Mcq

2) No action on a contract need be present for damages to be proper. An executory contract will suffice.

14) Where a promise can only be accepted by the performance of the person to whom it is offered is an example of a/an

15–1. Liquidated Damages. Carnack contracts to sell his house and lot to Willard for $100,000. The terms of the contract call for Willard to make a deposit of 10 percent of the purchase price as a down payment. The terms further stipulate that if the buyer breaches the contract, Carnack will retain the deposit as liquidated damages. Willard makes the deposit, but because her expected financing of the $90,000 balance falls through, she breaches the contract. Two weeks later, Carnack sells the house and lot to Balkova for $105,000. Willard demands her $10,000 back, but Carnack refuses, claiming that Willard’s breach and the contract terms entitle him to keep the deposit. Discuss who is correct. (See Damages.)

        Compensatory Damages - Special damages: things with actual cost such as medical expenses. General damages: Include pain and suffering which actually can not be priced.

Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy Hour and that Wessel would pay Gregory $250. All Performers on the comedy Hour make $500 per appearance. As Gregory knows, the last time Wessel appeared on the Comedy Hour he was asked to make special guest appearances at three local comedy clubs using the same monologue. Wessel earned a total of $750 for the three performances. Shortly before Wessel was scheduled to appear on the comedy Hour, Gregory informed Wessel that he was unable to provide the monologue. As a result, Wessel was forced to cancel his appearance. Wessel sued for breach of contract and requested damages of $1,250. What will result? Issue, -

1.  Able entered into an oral contract with Baker for the sale of Able 's car for $5,000. Later Baker breached that contract. Able wants to sue to enforce the contract. Under the Statute of Frauds, who is the "party to be charged" in this case?

Have you ever been done wrong? Have you ever been done wrong under a contract and faced sufficient damages causing a loss? Chapter 18 focuses on contract remedies, and how damages to a party are compensated. When a party breaches a contract, under the law the court can give the injured party an equivalent of what the promised performance would have rewarded. The two cases I chose to discuss are the Arrowhead School District No. 75, Park County, Montana v. James A. Klyap, Jr. case and the Parker v. Twentieth Century-Fox Film Corp. case. Both of these cases provide us with a very good explanation of different types of damages, and how the court came to a conclusion based off of the different scenarios. Throughout the remainder of this article, it will briefly discuss the details of each case, the similarities and differences among them, and how your business clients can use these cases to strategically prevent future legal issues of similar nature.

There are three types of contract performance: complete, substantial, and material breach. Describe the differences (and similarities) among the three, and explain some of the legal ramifications for one or more of these types of performances. (e.g., what happens if one party performs completely but the other party performs only substantially?) Give examples from

case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.

Petersen could sue for compensatory damages. Within the Sons of Thunder case, a jury found the defendant (Borden Inc) to have breach its implied duty of good faith and fair dealing by terminating the contract and the jury awarded the plaintiff compensatory damages of $412,000, which the plaintiff would have received if the contract had been fulfilled (Sons of Thunder, Inc v Borden, Inc, 1997). Thus, Mr. Petersen could seek compensatory damages for lost profits which would have been gained if the contract had not been breach. Mr. Petersen could also seek remedies for the breach. The U. C. C. provides laws by which a buyer may obtain remedies for a breach of sale contract. Under section 2-716, the buy could compel the seller to fulfill the contract (specific performance) and has the right to recover damages after the contract’s cancellation (U.C.C. §2-716, 2012). But specific performance mandates by courts are rare (Kubasek, Brennan, & Browne, 2015); therefore, Mr. Petersen should seek compensatory damages for breach of

The plaintiff can argue that these were the conditions that were used when she was hired. She sought out this job because she was offered great career opportunities but was never given the “career” or the opportunity to make $30,000 annually. This could be classified under intentional misrepresentation or fraud because the plaintiff was brought into the business with false statements. Something else that Elaine can argue is that she was discriminated. After she was fired, she was replaced by a man that had less job experience and a lower education than Elaine. Elaine might have been let go because of her sex. This could be a violation of Title VII of the Civil Rights Act of 1964.

Challenges for the employer and the situation include the issues related to government taxes such as Medicare and Social Security. In addition, the employer is bound to pay reasonable benefits to all of its employees equally. If the utility does not do this, and it is determined that Karen is an employee of the utility, and Karen is a legitimate case against the utility to recover the lost benefits. To rectify this situation, the utility should clarify exactly what Karen’s individual situation is, and hopefully with the help of a tax advisor. The advisor may suggest that Karen's work responsibilities be clearly delineated and that she be afforded the requisite benefits. Lastly, all necessary taxes, including payroll amounts for charges such as Medicare and Social Security need to be paid in full.

Can Andy sue Doug for breach of contract given the terms implied based on the facts of the case?

The mental anguish that he has had to go through and the pain and suffering that he has had to endure are also grounds for compensatory damages. Chapter 12 also covers punitive damages. These damages are fines that the court may impose on the company or individual in an effort them for the neglect. The company will undoubtedly be sued for negligence.

Liabilities arising in respect of wages and salaries, annual leave, sick leave and any other employee benefits expected to be settled within