Compensatory damages

Specific performance

Rescission

Injunction

To punish the breaching party

To compensate the non-breaching party for their losses

To deter future breaches of contract

To restore the non-breaching party to the position they would have been in if the contract had been performed

When the subject matter of the contract is unique

When the non-breaching party has suffered significant financial losses

When the breaching party is insolvent

When the contract is for the sale of land

Rescission is a contractual remedy, while cancellation is a legal remedy

Rescission is a more serious remedy than cancellation

Rescission allows the non-breaching party to cancel the contract and recover their losses, while cancellation simply terminates the contract

Rescission is only available in cases of material breach of contract, while cancellation is available in any case of breach of contract

A court order that requires a party to do or refrain from doing a specific act

A court order that awards damages to the non-breaching party

A court order that rescinds a contract

A court order that cancels a contract

To punish the breaching party

To compensate the non-breaching party for their losses

To deter future breaches of contract

To restore the non-breaching party to the position they would have been in if the contract had been performed

An anticipatory breach occurs before the time for performance has arrived, while an actual breach occurs after the time for performance has arrived

An anticipatory breach is a more serious breach than an actual breach

An anticipatory breach gives the non-breaching party the right to terminate the contract, while an actual breach does not

An anticipatory breach is only available in cases of material breach of contract, while an actual breach is available in any case of breach of contract

The non-breaching party can terminate the contract

The non-breaching party can sue for damages

The non-breaching party can seek an injunction

All of the above

1 year

2 years

4 years

6 years

The plaintiff must prove that the defendant breached the contract

The defendant must prove that they did not breach the contract

The plaintiff must prove that they suffered damages as a result of the breach

All of the above

A condition is a material term of the contract, while a warranty is a minor term of the contract

A condition is a promise that must be performed before the other party is required to perform their promise, while a warranty is a promise that is independent of the other party's performance

A condition is a promise that is made before the contract is entered into, while a warranty is a promise that is made after the contract is entered into

A condition is a promise that is made by the buyer, while a warranty is a promise that is made by the seller

The non-breaching party can terminate the contract

The non-breaching party can sue for damages

The non-breaching party can seek an injunction

All of the above

The non-breaching party can sue for damages

The non-breaching party can seek an injunction

The non-breaching party can repair or replace the defective goods

All of the above

A liquidated damages clause is a provision in a contract that specifies the amount of damages that will be paid in the event of a breach of contract, while a penalty clause is a provision in a contract that specifies the amount of damages that will be paid in the event of a breach of contract regardless of the actual damages suffered

A liquidated damages clause is enforceable, while a penalty clause is not

A liquidated damages clause is only available in cases of material breach of contract, while a penalty clause is available in any case of breach of contract

A liquidated damages clause is a type of warranty, while a penalty clause is a type of condition

The amount of damages must be reasonable

The amount of damages must be specified in the contract

The amount of damages must be agreed upon by both parties

All of the above