Podcast
Questions and Answers
What is rescission in the context of breach of contract?
What is rescission in the context of breach of contract?
- It is a specific performance remedy for breach of contract.
- It is termination of contract that returns parties to their original positions. (correct)
- It is compensatory damages awarded by the court.
- It is a provision in the contract for liquidated damages.
What are liquidated damages?
What are liquidated damages?
- Damages awarded without any agreement between parties.
- Amount of money agreed to in advance in the contract. (correct)
- A remedy for breach of contract that allows suing for more than agreed sum.
- Damages that compensate for losses incurred.
Which of the following is true about liquidated damages?
Which of the following is true about liquidated damages?
- They can be awarded in addition to compensatory damages.
- They are determined by the court after a breach of contract.
- They are usually not specified in the contract.
- They limit the party's ability to sue for more than the agreed sum. (correct)
What do compensatory damages aim to do?
What do compensatory damages aim to do?
In real estate transactions, what is often treated as liquidated damages for the seller?
In real estate transactions, what is often treated as liquidated damages for the seller?
Can parties agree to rescission without court intervention?
Can parties agree to rescission without court intervention?
What is the most common remedy for breach of contract?
What is the most common remedy for breach of contract?
What is the legal status of a void contract?
What is the legal status of a void contract?
In the context of contract assignment, when can a contract be assigned without permission?
In the context of contract assignment, when can a contract be assigned without permission?
What is required for novation to occur between parties?
What is required for novation to occur between parties?