Tag (SQ): Breach of Contract

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BCL – L1 – SA – Q53 – Contract Law

Situations where exemplary damages are allowed.

Exemplary damages are

A   allowed in case of dishonour of a cheque by a banker having sufficient funds

B   the difference between the contract price and the market price

C   allowed where in case of breach of a contract, the plaintiff has not suffered any loss.

D   none of these

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BCL – L1 – SA – Q34 – Contract Law

Type of breach in a contract.

A breach of contract can be of ____ breach.

A.  Discharged

B.  Illegal

C.  Void

D.  None of these

 

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BCL – L1 – SA – Q31 – Contract Law

Outcome of a lawsuit for breach of a lease agreement.

Patricia rented an apartment to David for $500 per month. Patricia and David signed a one-year lease, to be effective beginning January 1st. After three months, David decided that he did not like the apartment. He gave Patricia a 30-day written notice, stating that he would vacate the rental unit at the end of the thirty days, which was April 30th. Upon receipt of David’s notice, Patricia made reasonable efforts to find a new tenant. Nevertheless, the apartment remained vacant from May 1st through June 30th. Patricia re-rented the apartment beginning July 1st for one year. Patricia sues David in small claims court. What is the likely outcome?

A.   Patricia is entitled to the balance of the lease, or           $4,000, because David did not have a valid                   reason to breach the contract.

B.   Patricia is entitled to nothing because David                  gave Patricia thirty-days written notice.

C.  Patricia is entitled to $1,000, because she tried to        find another tenant immediately upon learning of        David’s intent to breach the contract but was                unable to re-lease the apartment until July 1st.

D. Patricia is entitled to $500, which represents one-        month’s rent.

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BCL – L1 – SA – Q21 – Contract Law

Sammy sues Larry for non-payment of $400 for a car after 8 years. Is the contract enforceable?

Sammy agreed to sell, and Larry agreed to buy Sammy’s car for $400, payable upon delivery. Sammy delivered and left the car with Larry. However, Larry failed to pay Sammy the $400. After eight years had passed following the delivery and acceptance of the car by Larry, Sammy sued Larry in state court for failure to pay him the $400. Based only on the above stated facts, which of the following statement is most accurate? Assume the UCC applies and the statute of limitations for oral contracts is two years and for written contracts is four years.

A   No contract was ever created between Sammy and Larry.

B   A contract was created but likely not enforceable because the statute of limitations has expired.

C   A contract was created, but it is only enforceable if it is in writing.

D   A contract was created and is enforceable.

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BCL – L1 – Q21 – Privity of Contract

Explain the term 'Privity of Contract' in the context of contractual rights and obligations.

(a). Explain the term ‘Privity of Contract’

(b). Femi, aged fifteen (15), completed Secondary School and has approached you with a request to supply your company with building materials including cement and iron rods. The request was from a business enterprise known to your company, PrimeBuild Ltd., which was owned by Femi’s mother, and the request was signed by his mother. A line in the said letter read as follows: ‘You can negotiate the terms of the supply with bearer’.

Required:

Whether or not your company, represented by you, can negotiate with the bearer.

(c). Femi, aged fifteen (15), completed Secondary School and has approached you with a request to supply your company with building materials including cement and iron rods. The request was from a business enterprise known to your company, PrimeBuild Ltd., which was owned by Femi’s mother, and the request was signed by his mother. A line in the said letter read as follows: ‘You can negotiate the terms of the supply with bearer’.

Required:

The rights of the company, in the event of failing to supply the building materials to your company.

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Title: BCL – L1 – Q20 – Contract Law

Advise Mercy on her contractual rights after a job offer was withdrawn and a lower-paying job offered.

After successfully going through the recruitment and selection, Mercy was verbally requested to start work on a specified date as Operations Manager. Mercy reported as requested and was again asked to wait while her office was being furnished. She was given another date to report and commence work. When she reported on the said date, Mercy was informed that the job was no more available but there was another job with a lower salary which was available immediately. Mercy was informed that she had two (2) days to accept the offer.

Required:

Mercy has approached you to advise her on her contractual rights.

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Title: BCL – L1 – Q19 – Contract Law

Explain the basic elements of a contract for a training consultant engagement.

In building the capacity of staff in Apex Gaming Commission, management has engaged a consultant from Nevada, (a well-known gaming state) under a contract to provide training. Some board members have opposed this engagement of the consultant from Nevada on the ground that their operational jurisdiction is different. In order to ensure that your company has full benefit of the signed contract and also reduce its legal risks, Management has requested you to prepare an Internal Memo to the Chief Executive Officer and explain the following:

(a) the basic elements of a contract

(b) the circumstances under which the contract can be vitiated

(c) the remedies for a breach of contract

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