88. Both the ___________________ and the _______ permit several writings to be integrated to form a single written contract.
A. doctrine of part performance; UCC
B. common law of contracts; parol evidence rule
C. common law of contracts; UCC
D. UCC; parol evidence rule
E. Statute of Frauds; UCC
92. A non-breaching party can sometimes recover ____________ damages, or __________ damages, from the breaching party. Consequential damages are ____________ damages that arise from circumstances outside a contract.
A. consequential; special; foreseeable
B. nominal; special; foreseeable
C. compensatory; special; foreseeable
D. liquidated; consequential; nominal
E. liquidated; nominal; compensatory
94. The destruction of the subject matter of a contract prior to performance is an example of ________.
A. subjective impossibility that excuses nonperformance
B. subjective possibility that excuses nonperformance
C. subjective possibility that allows nonperformance
D. objective impossibility that excuses nonperformance
E. objective possibility that allows nonperformance
96. Lowell contacts a plumber about fixing a leak under his kitchen sink. The plumber gives an estimate for the work and they enter into a contract for the work to be completed. However, the plumber never returns to complete the job. Lowell allows the sink to continue to leak, leading to significant water and mold damage in the structure of his home. Lowell then files suit for all of the extensive damages to his home against the plumber for breach of contract. Lowell has breached his duty to ___________ in this case.
A. assign
B. delegate
C. rescind
D. mitigate
E. compensat
88. C. Common law of contracts; UCC. Both the common law of contracts and the UCC permit several writings to be integrated to form a single written contract.
92. A. Consequential; special; foreseeable. A nonbreaching party can sometimes recover consequential damages, or special damages, from the breaching party. Consequential damages are foreseeable damages that arise from circumstances outside a contract.
94. E. Objective possibility that allows nonperformance is something being exemplified when the destruction of the subject matter of a contract prior to performance.
96. D. Mitigate is the activity which Lowell has breached his duty in this case.
88. Both the ___________________ and the _______ permit several writings to be integrated to form a...
Business Law class 46. A liquidated damages provision is valid, provided: a. it is in writing; b. it rewards only nominal damages; c. it is not assignable; d, it is not so high as to be a penalty. 47 A party to a contract has a duty to __________or reduce his/her damages. a. mitigate; b. litigate; c. defer; d. increase; 48. Foreseeable damages which flow from a party’s breach of contract, which the breaching party is aware of prior to...
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