Exam 15: Remedies in Contract

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A) A court order restraining the defendant from removing or disposing of assets until the court makes a decision.
B) A court order requiring the person to perform some contractual obligation.
C) A court order preventing a breach of contract.
D) A court order which freezes the status quo between the parties until the dispute can be heard by the court.

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The purpose of rescission is to reverse ...

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A) A court order restraining the defendant from removing or disposing of assets until the court makes a decision.
B) A court order requiring the person to perform some contractual obligation.
C) A court order preventing a breach of contract.
D) A court order which freezes the status quo between the parties until the dispute can be heard by the court.

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False

A) Where the defendant has breached the contract by failing to proceed with the sale of a house.
B) Where the defendant has breached the contract by failing to perform his ongoing duties under an employment agreement with the plaintiff.
C) Where the defendant has breached the contract by failing to hire the plaintiff as an employee.
D) Where the defendant has breached the contract by failing to proceed with the sale of a new standard model car.

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A) A warranty.
B) A condition.
C) An intermediate term.
D) All of the above.

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A) The injured party is entitled to set aside the contract and be restored to their pre-contractual position.
B) The party at fault is restrained from breaching the contract or from committing a wrongful act.
C) The party at fault is directed to carry out their obligations under the contract.
D) The party at fault has unjustly obtained a benefit at the injured party's expense and is ordered to restore it to the injured party.

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A) A court order restraining the defendant from removing or disposing of assets until the court makes a decision.
B) A court order requiring the person to perform some contractual obligation.
C) A court order preventing a breach of contract.
D) A court order which freezes the status quo between the parties until the dispute can be heard by the court.

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A) the innocent party fails to act to bring about rescission.
B) it is impossible to restore the parties to their previous positions.
C) the innocent party chooses to continue with the transaction.
D) all of the above.

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A) damages which are a natural consequence of the breach or expressly bought to the attention of the defendant.
B) damages that are a reasonably direct consequence of the breach of contract.
C) damages that are reasonably foreseeable based on the actual or constructive knowledge of the defendant.
D) all of the above.

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D

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Answered by ExamLex AI

Seeking rescission as a remedy for breach of contract has several advantages over seeking an order for damages. Firstly, rescission allows the contract to be completely undone, putting both parties back in their original positions before the contract was formed. This can be advantageous if the breach has fundamentally altered the nature of the contract or if one party no longer wishes to be bound by its terms. Secondly, seeking rescission can provide a quicker resolution to the breach, as it does not require the complex calculations and evidence gathering that are often necessary for determining the amount of damages owed. This can save time and legal costs for both parties. Additionally, rescission can provide a more equitable outcome, as it aims to restore the parties to their pre-contractual positions. This can be particularly beneficial in cases where one party has suffered non-monetary losses as a result of the breach. Finally, seeking rescission can help to avoid ongoing disputes and potential future breaches that may arise if the contract is allowed to continue in its breached state. By undoing the contract, both parties can move on and pursue other opportunities without the burden of a breached agreement hanging over them. Overall, seeking rescission as a remedy for breach of contract can offer a more efficient, equitable, and final resolution to the breach compared to seeking an order for damages.

A) The agreement was not in writing.
B) The Court would have had to supervise the order to ensure compliance.
C) Damages were an adequate remedy.
D) The agreement was not in accordance with the Statute of Frauds.

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A) Injunction.
B) Restitution.
C) Rescission.
D) Damages.

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