Civil Law Questions
Explore questions in the Civil Law category that you can ask Spark.E!
Legal Concepts45) ________ occurs when one contracting party informs the other that he or she will notperform his or her contractual duties when due.A) RestitutionB) RescissionC) Anticipatory repudiationD) Material breach
Legal Concepts30) Specific performance of personal service contracts is not granted.
Legal Concepts7Copyright © 2013 Pearson Education, Inc.39) Poole Contractors makes a contract with Delta Resources to pay $50,000 for the supply of500 truckloads of sand within next week. Delta Resources delivers the sand in two days after thecontract was made. Poole Contractors pays the $50,000 promised in the contract. This is aninstance of ________.A) substantial performanceB) material breachC) minor breachD) strict performance
Legal Concepts48) Which of the following is true of monetary damages?A) Nominal damages are paid once the nonbreaching party has suffered a financial loss.B) Anticipatory breaches cannot be awarded monetary damages.C) Liquidated damages are set by the court towards the breaching party.D) Consequential damages are considered as monetary damages.
Legal Concepts49) ________ place the nonbreaching party in the same position as if the contract had been fullyperformed.A) Tort damagesB) Compensatory damagesC) Nominal damagesD) Consequential damages
Factual Application55) Which of the following terms refers to a nonbreaching party's legal duty to avoid or reducedamages caused by a breach of contract?A) tender of performanceB) mitigation of damagesC) liquidation of damagesD) disclaimer of consequential damages
Legal Concepts32) To obtain an injunction, the requesting party must show that he or she will suffer irreparableinjury if the injunction is not issued.
Legal Concepts6Copyright © 2013 Pearson Education, Inc.34) Intentional interference with contractual relations arises when a third party induces acontracting party to breach the contract with another party.
Legal Concepts5Copyright © 2013 Pearson Education, Inc.27) Writ of garnishment is an order of the court that enables a government officer to seizeproperty of the breaching party and sell it at auction to satisfy a judgment.
Legal Concepts28) Specific performance is awarded if the subject matter of the contract is unique.
Legal Concepts31) An injunction is an equitable doctrine that permits the court to rewrite a contract to expressthe parties' true intentions.
Legal Concepts37) ________ is a situation in which a party to a contract renders performance exactly asrequired by the contract.A) Substantial performanceB) Strict performanceC) Anticipatory repudiationD) Restitution
Legal Concepts38) Which of the following terms refers to an unconditional and absolute offer by a contractingparty to perform his or her obligations under a contract?A) injunctionB) writ of garnishmentC) tender of performanceD) writ of attachment
Legal Concepts36) Which of the following statements is a true of a breach of contract?A) Strict performance by a party discharges that party's duties under the contract.B) Inferior performance constitutes a minor breach of contract.C) Substantial performance constitutes a material breach.D) The most common remedy for a breach of contract is an award of equitable remedies.
Factual Application40) Which of the following statements is true of discharge of contracts?A) Anticipatory breach discharges the breaching party's obligations to the contract.B) Substantial performance is sufficient to discharge a contract.C) Tender of performance discharges a party's contractual obligations.D) Tender is a conditional offer by contracting party to perform his or her obligations under thecontract.
Legal Concepts9) In an anticipatory breach, the nonbreaching party does not have the right to sue the breachingparty until performance is due.
Legal Concepts26) The return of goods or property received from the other party to rescind a contract is knownas restitution.
Legal Concepts33) An unconditional and absolute offer by a contracting party to perform his or her obligationsunder the contract is known as an injunction.
Legal Concepts23) Liquidated damages are awarded only if actual damages are precisely determined.
Legal Concepts10) Monetary damages can be recovered only for material breach.