contract remedies

A

They are awarded where the breach of contract also constitutes an independent malicious or wanton tort.

B

They are often awarded for egregious breaches of contract.

C

Their purpose is to deter the wrongdoer from similar conduct in the future.

D

They are awarded where the breach involves the malicious or wanton violation of a fiduciary duty.

A

A restitution interest.

B

An expectancy interest.

C

An allocation interest.

D

A reliance interest.

A

Gruber v. S-M News Co.

B

Mader v. Stephenson

C

Hadley v. Baxendale

D

Rockingham County v. Luten Bridge Co.

A

lawyers may keep a client’s retainer funds if the funds are labeled unrefundable.

B

if a client fires an attorney without cause, the attorney may recover in quantum meruit.

C

subject to a few exceptions, attorneys have no right to expectancy damages.

D

the client-attorney contract is terminable at will by the client.

A

upheld the lower court’s decision based on the policy of protecting enterprises.

B

is no longer a leading case in the field.

C

allowed the aggrieved party to recover damages if they were “fairly and reasonably considered arising naturally from the breach.”

D

was followed by a number of English cases that applied a more lenient rule than the Hadley v. Baxendale rule.

A

National Controls, Inc. v. Commodore Business Machines, Inc.

B

Anglia Television Ltd. v. Reed

C

Horton v. O’Rourke

D

Gruber v. S-M News

A

Contracts for funeral arrangements.

B

Employment contracts.

C

A bank’s mismanagement of a construction loan.

D

Expulsion of guests from hotels.

A

The standard of valuation in contract cases is by and large market value.

B

Many courts allow a landowner to testify as to the value of his property.

C

When market value does not fully compensate for the peculiar use of the property by the owner, the standard used is “value to the owner.”

D

Offers to purchase property are admissible as proof of value.

A

Mitigation efforts must be successful for a party to show they have properly mitigated their damages.

B

A party seeking damages must make reasonable efforts to mitigate damages.

C

The wronged party need not act if the cost of avoidance would involve unreasonable expense.

D

The burden is on the breaching party to prove that the aggrieved party failed to mitigate.

A

`Mader v. Stephenson

B

Hessler v. Crystal Lake Chrysler-Plymouth, Inc.

C

National Controls, Inc. v. Commodore Business Machines, Inc.

D

Protectors Insurance Service Inc. v. United States Fidelity & Guaranty Company