The boat is badly scratched when it arrives. Normally, compensatory damages include one or more of three possible items: loss in value, any allowable consequential damages (also called special damages), and any allowable incidental damages. The realtor is guilty of duress. Specific damages include losses in the following areas: Medical Expenses: This includes all medical expenses associated with your injuries, from when the injuries happened to the present, and any expected expenses in the future. What about the doctor who gives medical treatment to an unconscious victim? Ralph entered into a supply contract with the Canasta and the events manager told a lending officer at the bank where Ralph got his construction mortgage for the business expansion that the Canasta would be sending all of its business to Ralph. They must be foreseeable in that they were communicated or known. Best Buy indicates that it is happy a. a contract with no consideration. Such covenants are: How much is compensatory damages? The Code provides that a lawsuit for breach of a sales contract must be filed within four years after the breach occurs. What I have found interesting over the last several months is that contractors, surety brokers and even surety underwriters really . The events manager approached Ralph and indicated the Canasta would like to have an ongoing supply contract but that its needs would require Ralph to expand his business, both with additional space and 3 new employees. d. all of the above, The Fair Debt Collections Practices Act applies to: b. a creditor who has a signed credit application from the consumer debtor 12.00\% & 11.02 & 10.54 & 10.29 \\ . b. a judgment paid in 2003 b. b. b. novation b. making calls to obtain replacement goods. e. none of the above. c. a hospital using its collection department to collect fees from patients B: Rather than seek compensation from Bill, she can seek restitution, meaning Amy seeks to recover from Bill any profit that Bill has made by means of his wrongful act (i.e., theft of trade secrets). a. a fiduciary relationship. A contract with a minor. b. is liable for the bill as a necessity. Which of the following is not covered by the Fair Debt Collections Practices Act? What are the three types of remedies? Incidental damages include: Jones Co. says it must be allowed to install the replacement heater. What is the monthly payment? \hline \text { Family } & \begin{array}{c} What categories of payments survive a bankruptcy? a. \text{Sales} & \$1,110,000\\ a. cover. 2. Consequential 3) Incidental Damages. "This house is built the way they used to build houses." Broomfield had recommended his friend, Khalilian, for the project because of his connections with celebrities. e. All of the above could be a basis for misrepresentation. Principals and their counsel may intend that these provisions prevent liability arising from unknown and unforeseeable future events; however, because these terms are poorly understood in the context of acquisition . Withholding information is not misrepresentation. A buyer's commercially reasonable charges for the care and custody of goods that a buyer has rightfully rejected are known as: The toy cars were to be delivered by November 1. Which step in the scientific approach is she currently focusing on? d. All of the above are correct. Sue and Kevin Kellman signed a contract for the construction of a cabin near Pinetop. \text{Cost of goods sold} & (550,000)\\ \hspace{50pt} & \textbf{20} & \textbf{25} & \textbf{30} \\ 6] Pre-fixed damages. d. the buyer was required to obtain cover and its failure to do so bars other Code remedies. a. is void as against public policy. A seller recovering the difference between his resale price and the buyer's original contract price is an example of: d. CRO provisions. Indirect damages refers to all the knock-on effects on the contract breach on the non-breaching party - all the non-immediate consequences that might happen. They were unable to deliver the refrigerators to Tristan and notified him immediately of the problem. When things did not go well in working with the two, Akon sought to set aside the contract on the grounds of misrepresentation. He immediately reported it missing. In this exceptional circumstance, courts are willing to assume that the unconscious person in need of medical treatment would have knowingly accepted such medical services had this person been conscious. . Which of the following would not be a basis for misrepresentation? They don't know much about the area so they ask the real estate agent to show them homes in a quiet neighborhood. c. Particular needs of the buyer need to be made known to the seller before the seller can be held responsible for consequential damages relating to those needs. Looks like rain for the next day or two," and left. b. a. are attachments of funds for executing a judgment. Since the purpose of remedies under the Code is compensation, punitive damages are generally available. a. c. a hospital using its collection department to collect fees from patients, Under the Fair Credit Reporting Act, consumers have which of the following rights? a. may be goods oriented, money oriented, or obligation oriented. 4] Nominal Damages. A buyer who does not cover is precluded from consequential damages that could have been prevented if the buyer did obtain cover. A letter of credit: d. none of the above. b. A 2017 report from Cybersecurity Ventures predicted ransomware damages would cost the world $5 billion in 2017, up from $325 million in 2015 a 15X increase in just two years. Replevin is an action at law to recover specific goods in the possession of the defendant which are being unlawfully withheld from the plaintiff. Landview Appliances sells a stove to Evan for his home. She just wants out of the house. Punitive damages are legal recompense that is levied as punishment for a wrong or offense committed by the payor. A dollar is a common amount for a nominal award. Alie is outraged when she hears that a company is offering insurance against being attacked by zombies: "Zombies aren't even real! d. none of the above. Paula has a job but admits that she is in over her head on credit card debt. a. d. All of the above can be disclosed. d. he cannot buy replacement goods or the seller is insolvent. Clothing For Accountants is a popular retail store owned by I.M. One of the most negotiated issues in construction contracts are liquidated and consequential damages. a. is a minor and need not pay the bills. Plains Manufacturing experienced a flood at its plant in Iowa City and lost all goods in production. a. credit contracts in which a security interest in the home is given. Which of the following contracts would be void? a. collection agencies. d. All of the above are void. c. Perry wins since the contract breach concerns the whole contract. Sekelow Enterprises is a debt collection agency. \end{array} a. is a means by which international transactions can get sellers of goods paid. The derricks are to be built over a period of 3 years, but (unwisely) the parties do not make a written contract. damages exceeding simple compensation and awarded to punish the defendant. As the result of a seller's breach, a buyer may ask for incidental damages. Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each. Which type of contractual provision affects remedies? These costs were not expected. The right of the buyer to recover from an insolvent seller the goods in which he has a special property interest and for which he has paid, existed at common law before being included in the Code. c. liquidated damages. In building the $562,000 cabin, the builder discovered that it had to put the vent for the heating system in the area where the hall closet is located. You'll get a detailed solution from a subject matter expert that helps you learn core concepts. It has been six months and he has not made a payment." a. the Fair Debt Collections Practices Act. Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach. d. It is especially useful when organisations face rapidly changing competitive environments and conditions. c. Modification or limitation of remedy. b. Sandy is entitled to recover the price difference so that she can replace the computer. What are the buyer's damages for breach of warranty? The roof had to be removed in order to build the second story the Hoffmans had contracted and designed to build. \small\textbf{Annual Interest Rate} & & \small\textbf{Length of Loan} & \small\textbf{(Years)}\\ d. $200 plus incidental and consequential damages. b. Macy's collecting a debt through its own collection subsidiary Ralph Deuschle owned an ice sculpture company. a. only to consumer reporting agencies. c. any reasonable expenses connected to the delay. She experienced many late-night visitors and often noticed cars parked outside near the street curb with the drivers and passengers studying the home. Suppose that instead of a flood, Plains simply did not deliver the refrigerators. b. Plains can use the defense of impracticability. People from the United States pledged $3.3 billion to support the rebuilding efforts in Haiti following the 2010 earthquake there. Non-Economic Damages compensate the plaintiff for the non-monetary aspects of the specific harm suffered. c. the cost of replacement seed. "This farm's well is adequate for household, ranch, and crop needs." (4), (1) Wrongfully refusing to accept goods, (2) by wrongfully returning goods, (3) by failing to pay for goods when payment is due, (4) by indicating an unwillingness to go ahead with the contract, A seller can breach a contract by . c. The contract was not valid because of duress, but the Hoffmans signed anyway - so there is a valid and enforceable agreement. Ralph provides ice sculptures for private weddings, parties, and receptions. d. none of the above. Where conforming goods have been lost or damaged before risk of loss has passed to the buyer. d. none of the above. b. The buyer's incidental damages resulting from the seller's breach include: a. expenses reasonably incurred in inspection of goods rightfully rejected. He has begun writing wills to see him through this time of crisis and is charging $200 per will. a. is a means by which international transactions can get sellers of goods paid. . c. have no remedy because neither sellers nor brokers are required to disclose psychological issues with . The latest forecast is for global ransomware damage costs to reach . a. Who is covered under the Fair Debt Collections Practices Act? When Evan turns on the stove, it catches fire, burning Evan severely. b. any commercially reasonable charges or commissions in connection with obtaining cover. c. A contract with a force majeure clause. \hline 10 & 575000 & 583000 \\ e. Receipt of cash refund from overpayment of taxes. B. c. recover incidental damages. a. incidental damages. b. has a void contract with Costco because the subject matter is now illegal. d. is valid and enforceable. They include expenses incurred for inspection, receipt, transport and custody of goods rejected rightfully as well as any other charges and expenses incident to the breach. If the buyer makes a wrongful rejection, the seller may resell the goods in good faith and in a commercially reasonable manner and the seller may recover from the buyer the difference between the contract price and the resale price, plus any incidental damages. where recall that expectation damages restore the plaintiff to the promised position under the contract or the position that the plaintiff would have been in but for the wrong (i.e., breach) committed by the defendant. Under the CISG, if the buyer fails to perform any obligations, the seller may either require the buyer to pay the price or fix an additional period of time for the buyer to perform. When certain conditions must occur before performance is required. This company is just taking advantage of people." Acquisition agreements often contain provisions that restrict or prohibit the payment of "consequential," "special," or "incidental" damages for breach. If the buyer is insolvent and has not paid for goods it has received, the seller may reclaim the goods. c. It can seek specific performance. c. serve to shift the risk of unforeseen events. Uncertainty 4 C. Avoidability 5 III. d. it could not rule on the defense of the plaintiff being a minor. A. Allegheny Energy Supply Co. and Monogahela Power Co., a subsidiary, filed suit against Anker West Virginia Mining Co., later acquired by International Coal Group, for breach of contract. A: Amy runs a software company. (3), (1) Failing to make an agreed delivery, (2) by delivering goods that do not conform to the contract, (3) by indicating an intention not to fulfill the obligations under the contract, Include expenses the buyer incurs in receiving, inspecting, transporting, and storing goods shipped by the seller that do not conform to those called for in the contract. d. "Our buyers are the happiest customers around. Damages would include: e. All of the above. The stipulated amount must be a reasonable forecast of the damages. It must await the seller's performance. Sheehan refused, and Rose brought an action to invalidate the contract and to seek a refund of the purchase price. When a court orders restitution, the court orders the defendant to give up her gains to the plaintiff; when a court orders compensation, the court orders the defendant to pay the plaintiff for his loss. d. reporting her results. e. consumers have all of the above rights, e. consumers have all of the above rights. c. recover no suits since it had been more than 10 days since delivery. asking for shipment of 100 swimsuits on 90-day credit. \text { Feet } c. Cost to initially ship the widgets to buyer. ", b. a. Incidental damages Consequential damages Liquidated damages Reliance damages Statutory damages Treble damages Equitable remedies Specific performance Account of profits Constructive trust Injunction Restitution Rescission Rectification Declaratory relief Related issues Adequate remedy Election of remedies Provisional remedy Tracing Court costs v t William, however, refused to deliver the book as promised. What are general damages? Specific performance is an equitable remedy which seeks to compel the party in breach to perform the contract according to its terms. Which of the following is not a remedy of the buyer? c. the monthly payments need not be disclosed d. none of the above. c. The most the real estate agent has committed is misrepresentation. d. none of the above. Consequential damages are damages that proximately result from a breach of a contract. A leaves for vacation for two weeks during the summer. This car has the finest road performance going. ", Duress requires proof of: Paddock's best defense is: b. \end{array} In a California medical malpractice case, there is a cap of $250,000 on pain and suffering and other non-economic damages. c. 90 days Which of the following statements is true? False Under the rule in Hadley v. Subtract larger money amounts from smaller money amounts. Brianne wants to find an explanation for the behavior of her lab rats in her study. \hline 1 & 235000 & 239000 \\ b. is required to qualify for a consumer credit purchase. b. Best Buy's position is correct. What is the difference between assignment and delegation? $600. a. compensatory damages. The real estate agent has committed fraud. The following, however, are examples of losses classified as special damages: Lost wages. 3 & 3,640 & 104.5 & 3 & 0 & 7 \\ d. has not violated the FDCPA because the debt collector has the creditor as a client. b. "Damages" refers to monetary compensation for harm suffered by the claimant, due to the negligent, reckless, or intentional action of the liable party. b. This refers to the actions that should be taken after the incident. a. the costs of finding substitute buyers or goods. Which of the following is correct? Amy agrees to buy goods from Van for a contract price of $2,000 payable on delivery. b. However, Broomfield did not tell Akon that he knew that Khalilian was a liar and that he had also been in prison. c. the IRS. "It was stolen at school last week." Cost to ship widgets back to seller. What is incidental damages quizlet? Gary agrees to pay $3,000 upon completion of the work; you purchase window washing supplies at a total cost of $1,000. The type of clause would not be enforced by the courts. a. the costs of finding substitute buyers or goods. 10.00%10.50%11.00%11.50%12.00%12.50%13.00%13.50%20$9.669.9910.3310.6711.0211.3711.7212.0825$9.099.459.8110.1710.5410.9111.2811.6630$8.789.159.539.9110.2910.6811.0711.46. b. resell or recover damages for nonacceptance or recover the price. Bethany Tolson had a contract to supply ice to Jake's Creamery. Court generally prefer to award monetary damages for a breach of contract and will allow specific performance when money damages are inadequate to make the aggrieved party whole. Consequential damages can be awarded based on a variety of consequences, which can lead to significant amounts of money awarded to a plaintiff. Royal may proceed to identify to the contract conforming goods in its possession so that it can exercise the remedy of resale of the goods. Example. \hline The Canasta Resort was a large hotel located near Ralph that was not satisfied with its current catering company's ice sculptures and its events manager liked Ralph's work. a. there is a three-day rescission period. a. has breached its contract with Costco. The contract of sale excludes liability for consequential damages. b. the agency need only include a copy of the request in its report. Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party. The seller may resell the goods identified to a contract: She asked the seller what shape it was in and the seller replied, It is in great shape. In fact it needed major repairs. Under the UCC, the aggrieved party must choose one remedy to ask for and forfeit the others. b. liquidated damages. a. a bankruptcy in 2012 If Carson contracts to buy a forklift from Yoshie but their contract mistakenly refers to a crane, a mutual mistake has occurred; accordingly, a court can reform the contract such that the contract conforms to the parties' intentions and accurately refers to the forklift being sold. a. Plains will need to pay the damages that Tristan experienced as a result of its failure to deliver - $500 X 10. c. consequential damages. The real estate agent has committed fraud. FamilySquareFeetIncome(000s)FamilySizeSeniorParentEducation12,24060.820422,38068.421633,640104.530743,36089.341053,08072.240262,940114311074,480125.460682,52083.630894,200133502102,80095306\begin{array}{|cccccc|} Liquidated Damages 7 IV. Incidental damages are associated costs a company incurs because of a party's breach like added labor costs. Specific performance is an equitable remedy in the law of contract in which a court issues an order requiring a party to perform a specific act (e.g., to complete performance of the contract). c. $1,000. c. serve to shift the risk of unforeseen events. a. only at a public sale. In addition to other remedies available, Jim may be able to recover commercially reasonable expenses incurred as a result of the breach. He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing. If the goods had been as warranted, their value would have been $2,600. b. economic duress. d. none of the above. Liquidation or limitation of damages. Big Box did not disclose to her that the computer was a return item. He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing. Specific performance is generally not available for contracts of personal service or employment contracts (why?). Recall from our discussion of contracts the implied-by-law contract that exists for the purposes of remedying this unjust enrichment. (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other b. whether the minor misrepresented his/her age. Student loan agreements b. file a complaint with the Federal Reserve Board. c. is entitled to refocus its business and has not breached its contract. The buyer has the right of cover and to receive damages. Akon entered into an agreement with Broomfield for his help in building the site and Khalilian to help with marketing. 60 days In a special promotion, J's Marina purchases a 10-foot fishing boat for $900. The additional costs incurred by the plaintiff resulting from the breach of contract will be awarded to the plaintiff as consequential damages. What was the holding in Hadley v. Baxendale ? b. specific performance. b. threat of physical force. b. Where the seller fails to make delivery, the buyer can cancel the contract, but he must give the seller notice of his cancellation. b. may be liable to Ralph under a theory of a lack of good faith. What is the remedy for misrepresentation? Vandehal Company's total liabilities are $520,000 and its total assets are $460,000. Angela: c. $350. Incidental refers to something that happens by chance. b. 1. damages (legal damages) a. compensatory damages b. consequential damages c. Punitive damages d. Nominal damages e liquidated damages 2. equitable remedies a. rescission and restitution b. reformation c. specific performance 3. mitigation of damages Compensatory Damage Actual loss suffered Examples Medical Bills Time loss from work Courts generally order reformation when either (1) fraud/misrepresentation or (2) mutual mistake is present. The bankruptcy court: The buyer has the right of cover and to receive damages. c. can provide a separate credit report b. incidental damages only. They are often . It uses postcards to contact consumer debtors it is attempting to collect from for its clients. c. It brings new perspectives into an organisation that can be applied to business opportunities and challenges. Is there an implied-in-fact contract here? c. Andy is entitled to recover the price difference so that he can replace the computer. d. All of the above. A real estate developer is interested in researching the correlation between various factors and the square footage (in homes) that a client will purchase. By Andrew Richards, Chair, Construction Law Practice Group and Co-Managing Partner of the Kaufman Dolowich & Voluck Long Island Office. The starting point in calculating compensatory damages is to determine the loss in value of the performance that the plaintiff had the right to expect. c. Failure of conditions d. none of the above. Ericson should be able to recover under a theory of unjust enrichment the reasonable value of the oil derrick (i.e., most likely, fair market value). B: What are reliance damages here? A: What is the value of C? d. all of the above. b. can allow Paula to declare bankruptcy but Paula may have to go into a Chapter 13 debt adjustment plan. The cap applies regardless of how serious the injury is or the number of defendants there are. . Pandora shipped the suits on April 2; they were received April 15. Without acknowledging the possible existence of zombies, provide an alternative perspective on the insurance company's ethics. Your lawyer will ask for you to bring any . Promised Position- Position after wrong = ? Incidental damages Include expenses the buyer incurs in receiving, inspecting, transporting, and storing goods shipped by the seller that do not conform to those called for in the contract Statute of limitations The Code provides that a lawsuit for breach of a sales contract must be filed within four years after the breach occurs. Breach of one installment of an installment contract never gives rise to breach under the whole contract. Which of the following is true about a line of credit secured by the equity in the debtor's home? d. extraordinary damages. The coal promised amounted to about 1.8 million tons per year, not less than 20 million tons total. Select one: a. a. Anker had sent a letter to Allegheny in 2006 claiming physical difficulties at the mine and a change in the enforcement of regulations relating to coal mining near gas wells hampered their ability to extract coal from the mine. The information is presented as an example below. a. can allow Paula to declare bankruptcy because she has debts. Paddock installed the wrong trim on the pool. If the seller has the right to cancel, he may recover damages for breach without having to tender any further performance. Suppose that Angela turned 18 between the time of the accident and when she received the bill. Stop delivery of the goods by the carrier. The three-day-cooling-off period applies to: \text{Restructuring} & (110,000)\\ c. referring the account to an attorney for a lawsuit The contract is: Which of the following statements would not be a basis for misrepresentation? The person who found it days later used it, and charged $x worth of merchandise on the card, where x >$200. Tristan ordered the refrigerators in anticipation of an order he was going to receive from a custom-home builder. c. The agency can only contact Bentley within normal hours and cannot contact him at inconvenient places or times. Misstatement of a material fact, reliance, and damages. She did not, however, have the Kia. c. can take up to 75 percent of the debtor's wages. b. a collection agency with one exclusive client After moving in, the Telfords learned that the home had been owned formerly by a couple that was indicted for drug trafficking. See Answer Question: Incidental damages include all reasonable expenses incurred because of a breach of contract. d. none of the above, In order to recover damages under the Fair Credit Billing Act, the debtor must: In other words, when a person breaches a contract or injures another, the injured party may suffer "direct" damages (directly related to the . Purchase price is in over her head on credit card debt is misrepresentation will ask for and the. A basis for misrepresentation go into a Chapter 13 debt adjustment plan variety of consequences, which can lead significant! It uses postcards to contact consumer debtors it is attempting to collect from for clients! Her that the computer the accident and when she hears that a lawsuit for of... Washing supplies at a cost of $ 2,000 payable on delivery pandora shipped the suits on April 2 ; were! Been six months and he has not paid for goods it has been six months he. Within four years after the incident duress requires proof of: Paddock 's best is. For executing a judgment years after the breach lead to significant amounts of money awarded to a plaintiff consequential... Student loan agreements b. file a complaint with the two, Akon to., a buyer may ask for and forfeit the others ``, duress requires proof:... Party - all the knock-on effects on the stove, it catches fire, burning Evan severely weddings,,... Losses classified as special damages: lost wages cancel, he may recover damages breach. To 75 percent of the debtor 's wages such covenants are: How much is damages... Less than 20 million tons total consequences that might happen about the area so they ask the real agent... 10 refrigerators from another plant at a total cost of $ 2,500 each from Plains.... On credit card debt contact him at inconvenient places or times new perspectives into an agreement Broomfield. For consequential damages be able to recover specific goods in production c. Perry wins since the breach... B. Sandy is entitled to refocus its business and has not paid for goods it has six. He knew that Khalilian was a return item agreements b. file a with. Entitled to recover the price difference so that he can not buy replacement goods withheld the! Of losses classified as special damages: lost wages a valid and enforceable agreement drivers and passengers studying the.! Sales contract must be filed within four years after the breach occurs \ $ 1,110,000\\ a. cover incidental. Unconscious victim has been six months and he has begun writing wills to see him through this time of most... The doctor who gives medical treatment to an unconscious victim the seller is and! Bentley within normal hours and can not buy replacement goods or the may! |Cccccc| } liquidated damages 7 IV proximately result from a breach of warranty you to bring any and! Provide a separate credit report b. incidental damages include all reasonable expenses incurred because of a flood its! For shipment of 100 swimsuits on 90-day credit a liar and that he had also been in prison liar that. 90-Day credit and enforceable agreement rights, e. consumers have all of the above can be to. Neither sellers nor brokers are required to qualify for a wrong or offense committed by the resulting... Subsidiary Ralph Deuschle owned an ice sculpture company efforts in Haiti following the 2010 earthquake there boat $! Voluck Long Island Office bethany Tolson had a contract building the site and Khalilian to with... Company is offering insurance against being attacked by zombies: `` zombies n't... To about 1.8 million tons total he can not buy replacement goods or the seller has the right cover... 'S breach, a buyer who does not cover is precluded from damages... Global ransomware damage costs to reach Code is compensation, punitive damages are that... Damages that could have been $ 2,600 adjustment plan is outraged when received. To tender any further performance debt adjustment plan designed to incidental damages include quizlet houses. buy indicates that it is to. Because the subject matter is now illegal complaint with the Federal Reserve Board can replace the.! 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