Grover contracts to sell two tracts of land to Hank.Both parties believe that the two tracts are adjacent, but in fact they arenot. Grover is still willing to sell the land, but under these circumstancesthe deal would adversely affect Hank. Because of the parties' belief about the agency of the property, their contract is
Jen is a third party beneficiary under a contractbetween Kyla and Leo. Kyla and Leo can modify or rescind their contract withoutJen’s consent
a. at any time.
b. at no time.
c. only after Jen's rights have vested.
d. only before Jen's rights have vested.
Haruko, who owns and operates Garden Orchard, agrees tosell Fresh Produce Cooperative ten bushels of apples. When the market price for apples exceeds the pricein the contract with Fresh Produce, Haruko decides not to deliver the apples. This
a. breaches the contract.
b. discharges the contract.
c. has no effect on the contract.
d. suspends the contract.
Fashion Retail Center enters into a contract with Great Promotions, Inc.,to provide Fashion with a plan to retool its merchandising strategy. If GreatPromotions breaches the contract, Fashion has a duty to
a. reduce the damages that Fashion might otherwise suffer.
b. reduce the loss that Great Promotions might otherwise suffer.
c. punish Great Promotions and deter others from similar acts.
d. take no action.
RigHeli-Pads, Inc., enters into a contract to employ Scott as an on-site projectmanager for two years. If Rig breaches the contract, Scott has a duty to
a. do nothing.
b. reduce the damages that Scott might otherwise suffer.
c. rescind the contract with Rig.
d. punish Rig and set an example to deter others from similar acts.
Creekside Property Corporation enters into a contract with DownstreamManagement Associates to manage and maintain Creekside’s apartment complex.Their contract provides that neither party can recover damages for anon-fraudulent or unintentional breach. This is
a. a limitation-of-liability clause.
b. an exculpatory clause.
c. an illegal clause.
d. a quasi contract.
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