筛选结果 共找出24

 A court will never enforce a liquidated damages clause, as any attempt to discourage breach is void. 

A

True 

B

False 

Which of the following describes liquidated damages?

A

A specific sum payable in the event of a breach of contract

B

A genuine pre-estimate of losses payable in the event of breach of contract

C

A sum equal to the amount of work done plus an element of profit that is payable in the event of a breach of contract

Which of the following statements in relation to damages for breach of contract is correct?

A

In order to claim damages an innocent party is required to take reasonable steps to mitigate their losses

B

Damages are not payable in relation to mental distress

C

Damages to rectify a defect are still payable even if they are wholly disproportionate to the size of the breach

D

Damages in the form of a penalty clause are valid and enforceable

 Which of the following statements is NOT a lawful excuse for failing to perform contractual obligations? 

A

Actual performance is impossible 

B

Both parties agreed to non-performance 

C

 Performing the contract will cause the party concerned financial hardship 

Which of the following is true regarding injunctions? 

A

 Injunctions are a common law remedy 

B

 A court has no discretion as to whether or not to award an injunction

C

 Injunctions require a defendant to observe a negative restriction of a contract 

D

 Injunctions may be awarded in conjunction with an award for damages 

 Rescission is an equitable remedy, and where available, makes the contract voidable. There are a number of conditions attached to the award of rescission.  

Which of the following is a condition that must be met for an award of rescission to be made? 

A

The innocent party, only, must be able to be restored to their pre-contract position 

B

 The right to rescind the contract must be exercised within 30 days of it being awarded 

C

 Rescission must take place after the contract is affirmed 

D

 Innocent third parties must not have acquired rights under the subject matter of the contract 

For an order for specific performance to be made, which TWO of the following criteria must be met?

 (1) Damages must be inadequate compensation 

 (2) Consideration must have passed between the parties 

 (3) The parties must both agree to the award  

(4) The contract must require performance over a long period of time 

A

 1 and 2 

B

 1 and 3 

C

 2 and 3 

D

 2 and 4 

Which of the following remedies for breach of contract involves the injured party claiming the value of the work they have done? 

A

 Quantum meruit 

B

Action for the price 

C

 Specific performance 

D

 Rescission 

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20

【论述题】

State the nature of Jane's letter to Elle.

State whether Elle's reply at the end of March had lapsed through the passing of time.