On what basis is remoteness of damage determined in relation to a breach of contract?
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1 .Larry entered into a contract with Michael, Larry’s neighbour and a painter, to paint his house. In conversation, Larry told Michael he would also like to have the garden fence painted. Michael immediately painted the fence. Afterwards, Larry said to send him an invoice for the fence. Three weeks later Michael gave Larry an invoice for the painting of the fence. Larry refused to pay it stating that the fence was not part of the contract. Which of the following statements is most accurate?
A Michael’s consideration is past consideration since three weeks elapsed before hepresented his invoice B Larry’s original request implied intent to pay because Michael is a painter and wouldnormally be paid for his services C Larry’s original request did not imply intent to pay because Micha...
2 .Additional services performed by the innocent party can be stopped if which of the following is broken under a contract agreement?
A Warranty terms B Condition terms C Innominate terms
3 .Jan entered into an agreement with Vince to lease a building from him for her new restaurant.When Jan starting moving equipment into the building she discovered that the sinks there were not usable. The terms of the lease contract did not cover the sinks.Which of the following statements is accurate?
A Usable sinks were a condition of the lease contract B Usable sinks was an implied term of the lease contract C Usable sinks was an express term of the lease contract D Usable sinks were a warranty in the lease agreement
4 .Anna entered into a contract with a dog breeder to purchase a puppy the next time puppies were born to a specific dog owned by the breeder. After the puppies were born, the breeder informed Anna that she wanted to keep all the puppies herself and would no longer sell her a puppy. Anna successfully claimed that the breeder was in breach of contract. Which of the following describes the equitable remedy that a court order may award to Anna?
A Specific performance B Rescission of contract C Injunction D Estoppel
5 .The courts may imply terms in a contract to impose reasonable terms on the parties to the contract.Which of the following terms may be implied by a court?
A A term which is not an express term but is necessary for the commercialeffectiveness of the contract B A term necessary for the commercial effectiveness of the contract which contradicts C Any fair and reasonable term even though it is not necessary for the commercial effectiveness of the contract...
7 .Which of the following describes when an employee is forced to resign because of misconduct by the employer?
A Wrongful dismissal B Dismissal on notice C Constructive dismissal
8 .An employer provides safety goggles for his employees. Ron refuses to wear them. The employer knows this but does nothing to compel Ron to wear the goggles. Molten metal flies into Ron’s face causing severe burns and the loss of sight in one eye. What is the basis for a claim that the employer is in breach of his common law duty of care?
A The employer has failed to provide competent staff; if Ron was competent he would have worn his goggles B The employer has failed to ensure that a safe system of work is in place C The employer has failed to provide safe equipment D There is no breach of duty as the employer provided safety equipm...
9 .The authority of one person to make binding commitments with third parties for someone else can be described as which of the following?
A Principal B Agency C Partnership D Condition
10 .Which of the following does NOT typically grant actual express authority?
A A power of attorney B An employment contract C partnership agreement D special resolution
