Remedies beyond compensatory damages Chapter 29 Exam Prep - Test Bank | Law of Contract 2e Smith & Davies by JC Smith, Paul S. Davies. DOCX document preview.
Type: multiple choice question
Title: Chapter 29 - Question 01
01) In which situations are non-compensatory remedies for breach of contract generally awarded?
a. Where the breach in question was committed out of malice.
pensatory damages are considered to be insufficient to achieve adequate justice in a case. Malice is immaterial.
b. Where the breach of contract resulted in no loss to the innocent party.
pensatory damages are considered to be insufficient to achieve adequate justice in a case.
c. Where compensatory damages would be insufficient to achieve justice.
pensatory damages are considered to be insufficient to achieve adequate justice in a case.
d. None of the options provided is correct.
pensatory damages are considered to be insufficient to achieve adequate justice in a case.
Type: multiple choice question
Title: Chapter 29 - Question 02
02) On what basis did the House of Lords in Attorney-General v Blake order Blake to disgorge the profits earned from the sale of his books?
a. Blake was in breach of the fiduciary duties he owed to the state.
b. Blake was guilty of committing the wrong of breach of confidence.
c. Blake had broken his promise to never publish the material he did in his book.
d. None of the options provided is correct.
Type: multiple response question
Title: Chapter 29 - Question 03
03) Which of the following terms are used to describe the measure of damages that reflects the sum a defendant would have had to pay had he bargained for the right not to perform his contract prior to the breach? Please select all that apply.
a. Hypothetical bargain damages
b. User damages
c. Negotiating damages
d. Fictional damages
Type: true-false
Title: Chapter 29 - Question 04
04) The hypothetical bargain measure of damages is only available where contracts concerning land are at issue, as was the case in Wrotham Park Estate Co Ltd v Parkside Homes Ltd.
a. True
b. False
Type: true-false
Title: Chapter 29 - Question 05
05) An action in unjust enrichment for failure of consideration cannot succeed if the claimant has received any part of what he bargained for.
a. True
b. False
Type: multiple choice question
Title: Chapter 29 – Question 06
06) When are punitive damages available for breach of contract
a. Always.
b. When the breach of contract is ‘cynical’.
c. When a tort is concurrently committed.
d. Never.
Type: true-false
Title: Chapter 29 - Question 07
07) Specific performance is a common law remedy that is always available but rarely awarded.
a. True
b. False
Type: true-false
Title: Chapter 29 - Question 08
08) Prohibitory injunctions are automatically awarded for breach of restrictive covenants.
a. True
b. False
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Test Bank | Law of Contract 2e Smith & Davies
By JC Smith, Paul S. Davies