Breach of Contract Remedies

In the context of modern contract law, which statement best reflects the instrumentalist view's impact?

What is a key challenge facing current contract principles given the evolution of the market?

Which of the following is a primary concern regarding the relevance of traditional contract principles in contemporary business practices?

How does modern contract law grapple with power imbalances between contracting parties?

In Bhasin v Hrynew, what specific obligation regarding contract performance was imposed by the Supreme Court of Canada?

Under what circumstance(s) does the parol evidence rule have the least strength?

A company enters into a detailed written contract with a supplier, including a limitation of liability clause. Prior to signing, the supplier's representative orally assures the company that this clause will not apply under certain circumstances. If those circumstances arise and the company sues, what is the most likely outcome regarding the oral assurance?

Which statement best describes the relationship between the parol evidence rule and proving misrepresentation or warranty claims?

A contract for the sale of goods includes a clause stating 'This agreement constitutes the entire agreement between the parties.' Prior to signing, the seller orally promised expedited delivery. The written contract does not mention delivery speed. If the seller does not provide expedited delivery, can the buyer enforce the oral promise?

In a dispute over a written construction contract, one party seeks to introduce email correspondence from before the contract was signed. The email contains details about specific materials to be used, which are not explicitly mentioned in the final written contract but also do not contradict it. Under the parol evidence rule, is this email admissible as evidence?

Which of the following scenarios best exemplifies the general principle that a court will not compel specific performance of a contract?

A software company, 'Code Gurus,' contracts with 'Startup X' to develop a mobile application. Halfway through the project, Code Gurus demands a 50% increase in price due to underestimation of the project's complexity. Startup X refuses to pay the increased fee, and Code Gurus stops working. Which of the following is true regarding Startup X's options?

Sarah hires a caterer, 'Gourmet Grub,' for her wedding. The contract stipulates a specific menu and service style. Two weeks before the wedding, Gourmet Grub informs Sarah that they can no longer provide the agreed-upon menu due to a supplier issue, but offer a cheaper, less desirable alternative. If Sarah refuses the alternative and hires another caterer at a higher cost, what damages can she likely recover from Gourmet Grub?

A construction company, 'Build It Right,' enters into a contract to build an office building for 'Develop Now.' Due to unforeseen economic downturn, Develop Now realizes they will not be able to afford the building. They inform Build It Right that they are backing out of the contract. Which statement accurately reflects Build It Right's legal position?

John agrees to sell his car to Mary for $5,000, with delivery and payment scheduled for next week. Before the agreed-upon date, John informs Mary that he has decided not to sell the car. Mary finds an identical car elsewhere, but it costs her $5,500. What accurately describes Mary's entitlement?

What distinguishes a contractual warranty from a representation?

In contract law, what is the primary impact of a breach of condition on the innocent party?

What is the key difference in the consequences of breaching a warranty versus breaching a condition in a contract?

What does it mean for an innocent party to 'affirm' a contract after a breach?

What is the significance of a 'repudiatory breach' in contract law?

In the context of contract law, what does 'disaffirming' a contract entail for the innocent party?

According to the case 968703 Ontario Ltd v Vernon (2003), which factor is considered when determining if a breach deprives a party of substantially the whole benefit of the contract?

Which of the following best describes an 'innominate term'?

If a contract is affirmed after a breach, what actions can the innocent party take?

Which scenario best illustrates a situation where a party might choose to disaffirm a contract?

Which of the following statements accurately distinguishes between rescission and damages for breach of contract?

In the context of contract law, what is the primary consideration that mitigates against awarding damages for innocent misrepresentation?

A party claims an oral warranty exists alongside the written terms of a contract. What legal principle presents a hurdle to demonstrating this warranty?

What defines 'parol evidence' in the context of contract law?

Under what circumstances does the Parol Evidence Rule most logically apply?

In what scenario might parties agree to a mix of written and oral contract terms, despite having a written estimate?

Why might a general contractor's estimate, though written, often be supplemented by oral agreements?

A homeowner and a contractor negotiate an estimate detailing the scope and price for a kitchen renovation. After agreeing to the written estimate, they verbally agree on a specific timeline and the type of tile to be used, which isn't in the estimate. If a dispute arises over the timeline, can the homeowner introduce evidence of the verbal agreement in court? Assume that the written estimate does not contain a clause stating that it is the complete and final agreement.

John hired Jane to walk his dog every Wednesday. Jane breached the contract by not showing up. According to the expectancy principle, what is the primary goal of awarding damages to John?

Which of the following is NOT a limitation to the expectancy principle when determining contract damages?

John contracted with a local farmer to purchase 100 bushels of apples for his pie shop. The farmer breached the contract and John had to buy the apples from a more expensive supplier. Under the expectancy principle, which of the following would be considered a direct damage?

A construction company breaches its contract with a client, causing significant delays in the completion of a project. Which of the following losses would likely be recoverable as damages, assuming they meet the requirements of causation and foreseeability?

A software company contracts to provide a customized program to a business, but it delivers the software late. As a result, the business misses a critical deadline and loses a major client. Which principle will a court consider when determining damages?

A bakery contracts with a supplier for a special type of flour, but the supplier breaches the contract. To mitigate its losses, the bakery purchases a similar flour from a local store at a higher price. Which statement aligns with the principle of mitigation?

A landscaping company breaches its contract with a homeowner, failing to plant agreed-upon trees. The homeowner hires another company at a higher cost but also adds additional landscaping features. What damages can the homeowner claim?

An author signs a contract with a publisher, who then fails to publish the book. Which potential loss could the author claim as damages if they can prove causation and foreseeability?