Asked by Megan McDermott on May 14, 2024
Verified
Which of the following is false with regard to remedies for breach of contract?
A) The victim of a breach cannot recover damages that he could have avoided if he had tried to mitigate his loss.
B) If the court holds that the liquidated damages clause in the contract is an honest attempt to estimate damages, the amount stated will be forfeited to the victim of the breach, even if he suffered no loss in fact.
C) As a general rule, a person who breaches a contract is liable for all of the foreseeable loss that directly and naturally flows from the breach.
D) Damages are awarded by the court to a person who has suffered loss because of a breach of a condition of the contract, but are not awarded for a breach of a warranty.
E) A person who disobeys a court order (e.g., an order for specific performance) can be cited for contempt of court.
Liquidated Damages Clause
A contract provision that specifies a predetermined amount of money one party will pay to the other if they breach certain clauses of the contract.
Mitigate Loss
Actions taken to reduce the severity, seriousness, or painfulness of something, particularly in the context of financial losses.
Foreseeable Loss
A loss that a party ought reasonably to have seen coming as a possible outcome due to their actions or inactions.
- Analyze the remedies available for breach of contract, including specific performance and damages.
Verified Answer
Learning Objectives
- Analyze the remedies available for breach of contract, including specific performance and damages.
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