d. All of the above are sufficient bases for misrepresentation. b. The home had been raided by DEA agents, and there had been a shoot-out before the couple was taken into custody. The buyer's incidental damages resulting from the seller's breach include: c. Plains is not in breach if there is advance notification that it cannot deliver. c. both a and b A. MONTHLYPAYMENTFORA$1000LOAN\begin{array}{c} It can recover punitive damages. \end{array} b. b. Incidental refers to something that happens by chance. \text { Feet } Phil has asked that a covenant not to compete be inserted into the agreement. So if a software developer has a contract to repair a broken website by a certain date and fails to do that, the indirect damages to the client would include, for example, the value of . c. valid if reasonable in time and geographic scope. Which defense to performance is Anker relying on? Where the buyer has been unable to obtain cover. b. the Code permits a buyer to cover by buying substitute goods if the buyer acts in good faith and without unreasonable delay. The three-day-cooling-off period applies to: 4] Nominal Damages. Sandy experiences significant difficulties with the computer and returns it to Big Box. c. 90 days b. he cannot buy replacement goods. c. "We will be calling you at your home." c. Andy is entitled to recover the price difference so that he can replace the computer. d. allows the buyer to collect damages from the seller. Damages in General 2 II. Angela: \text{Sales} & \$1,110,000\\ Received a document? "This toothpaste is the best tasting around." This is a crucial part of your personal injury claim, so you must keep very good records of all expenses, including . d. impracticability defense, How long does a creditor have to respond to a debtor who has raised billing questions? Undue influence requires the presence of: According to the National Highway Traffic Safety Administration, over 5,000 people were killed and an estimated 159,000 people were injured in crashes involving large trucks in 2019. If Carson contracts to buy a forklift from Yoshie but their contract mistakenly refers to a crane, a mutual mistake has occurred; accordingly, a court can reform the contract such that the contract conforms to the parties' intentions and accurately refers to the forklift being sold. Dana has become uncomfortable with the visitors and the surveillance. One can pursue nominal damages for the violation of certain state law rights and also for violations of certain federal rights perhaps most prominently, violations of several federal constitutional rights. In building the $562,000 cabin, the builder discovered that it had to put the vent for the heating system in the area where the hall closet is located. c. may be regarded as a penalty. c. Where the goods are specially manufactured but can be purchased from another source. b. James Krieg has finished law school but has unsuccessfully taken the bar exam twice. Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each. The loan was used to buy a computer. b. a judgment paid in 2003 a. is void as against public policy. A. Which of the following is true?a. d. $200 plus incidental and consequential damages. The seller may resell the goods identified to a contract: Paddock's best defense is: e. all of the above. a. Krieg could recover the fees on a quasi-contract theory. c. $200. c. serve to shift the risk of unforeseen events. d. reporting her results. a. void as against public policy. Require the financially sound buyer to return the goods. Find the difference. b. \hspace{50pt} & \textbf{20} & \textbf{25} & \textbf{30} \\ When approving borrowers for mortgages, it is imperative that the appraisers value the same types of properties consistently. c. to consumer and commercial credit. The Code permits the seller to recover the price plus incidental damages in which of the following situation(s)? 11.00\% & 10.33 & 9.81 & 9.53 \\ The court in the case involving the ACT exam (Durrett) held that: \end{array} B. Legal Remedies: Legal remedies are monetary relief or compensation to the aggrieved party. Subtract larger money amounts from smaller money amounts. 1. The recovery for a lessee's wrongful repudiation of a lease is the difference between the present value of the old rent due under the original lease and the new rent due under the new lease. d. he cannot buy replacement goods or the seller is insolvent. d. none of the above. a. Misrepresentation Origin Circa 14th century Middle English What are Consequential Damages Consequential damages are damages that occur as an indirect result of an incident. Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party. Pandora could: The court held that in order for a non-breaching party to recover damages arising out of any special circumstances, the special circumstances must be communicated to and known by all parties at the time of formation. Paula Sanford has filed a voluntary petition in bankruptcy. Dana Riley purchased a home in the Brentwood area of Los Angeles. Which of the following contracts would be void? Persons deemed not mentally capable, contracts are void. d. This car represents status. a. Plains will need to pay the damages that Tristan experiences as a result of its failure to deliver - $500 X 10. b. The roof had to be removed in order to build the second story the Hoffmans had contracted and designed to build. Elements of unjust enrichment include: b. Andrews Manufacturing Company has repudiated its contract to sell 500 computers to a computer store. d. It can "cover" by procuring goods elsewhere and then sue for any difference between the cost of cover and the contract price, plus incidental and consequential damages less expenses saved by the breach. b. a. accord and satisfaction Whether a pledge to make a gift is supported by consideration. Review these math skills and solve the exercises that follow. a. c. Plains can use the defense of impossibility. Specific performance is generally not available for contracts of personal service or employment contracts (why?). Ralph could not use the additional space and the three employees had to be laid off. Ralph could not use the additional space and the three employees had to be laid off. Pandora shipped the suits on April 2; they were received April 15. d. Cancellation of the contract. c. can rescind the agreement. c. Akon can have the contract rescinded on the grounds of misrepresentation. One of the most negotiated issues in construction contracts are liquidated and consequential damages. 7 AM calls at the debtor's home. d. All of the above. When questioned by the realtor, he admitted that he did know about the re-zoning but it would probably be years before the project started so he was not obligated to tell them about it. A debt collector calls the mother of a debtor and says, "I am calling to find out when we can expect your son to pay the $2,312 he owes on his bar tab at my client, The Swamp Cooler. Dans credit card was lost on a vacation. Some of his will clients have refused to pay Krieg and he wishes to take them to a small claims court. A: The value of B is 0. It includes corrective actions that will eliminate recurrence of the incident. a. has breached its contract with Costco. a. the difference between the contract price and the resale price. Incidental Damages Law and Legal Definition. d. all of the above, The Fair Debt Collections Practices Act applies to: b. some threat or force. d. Cost to reload widgets onto seller's truck at buyer's city. Replevin is an action at law to recover specific goods in the possession of the defendant which are being unlawfully withheld from the plaintiff. a. storing goods in a warehouse. Step-by-step explanation. b. may be so high as to be punitive to the breaching party. What issue is there about whether there is a contractual obligation? Courts generally order reformation when either (1) fraud/misrepresentation or (2) mutual mistake is present. d. none of the above. b. is liable for the bill as a necessity. C. The buyer may have the right to obtain specific performance. Paddock installed the wrong trim on the pool. What would be a good defense for her? Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach. d. Andy is entitled to the return, but no additional damages. c. drawing conclusions (4), (1) Wrongfully refusing to accept goods, (2) by wrongfully returning goods, (3) by failing to pay for goods when payment is due, (4) by indicating an unwillingness to go ahead with the contract, A seller can breach a contract by . Unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. When the buyer breaches a sales contract, if the difference between the contract price and the market price will not place the seller in as good a position as performance would have, then the seller may recover the lost profit. Suppose that instead of a flood, Plains simply did not deliver the refrigerators. b. right to dispute information in the report She just wants out of the house. d. none of the above, A minor's right to disaffirm a contract is conditioned on: \text{Extraordinary gain} & \underline{72,000}\\ How much of the $x is Dan responsible for paying? a. Select one: a. d. none of the above, Contracts with illegal subject matter are: An implied-in-law contract in Yale v Fountain was between the provider and the? Big Box did not disclose to her that the computer was a return item. A leaves for vacation for two weeks during the summer. What is the value of A? On Thursday, the car is involved in an auto accident and is totaled. On Monday, Marcia agreed to buy Joey's car for $8,000 when she gets paid on Friday. Incidental damages are reasonable expenses incurred by one party to a contract as a result of the other party's breach of the contract. Under what circumstances may the buyer seek the remedy of replevin? b. The person who found it days later used it, and charged $x worth of merchandise on the card, where x >$200. b. can allow Paula to declare bankruptcy but Paula may have to go into a Chapter 13 debt adjustment plan. b. She also requested a full refund of the purchase price. "This house is built the way they used to build houses." b. A contract with a person declared mentally incompetent. a. Jones wins; Perry can only cancel the portion of the contract regarding the goods. c. consequential damages. b. specific performance. a. c. The contract is voidable at the option of Rose because she is a minor. He has begun writing wills to see him through this time of crisis and is charging $200 per will. The following, however, are examples of losses classified as special damages: Lost wages. When dealing with a breach of contract action, it is . Incidental damages include lost profits and injury to person or property resulting from defective performance False Specific performance is an equitable remedy True Courts of equity will grant specific performance of contracts for personal services. 3) Incidental Damages. Chapter 11 Yes. The Code's remedies are cumulative, therefore, a seller may both withhold delivery of the goods and identify goods to the contract. Which of the following is not eligible to disclosure of a consumer debtor's credit report? b. take delivery. c. neither a nor b, A provision in a contract requiring that a buyer obtain financing before a deal can go through is an example of: He immediately reported it missing. d. This contract need not be in writing to be enforceable. c. referring the account to an attorney for a lawsuit The additional costs incurred by the plaintiff resulting from the breach of contract will be awarded to the plaintiff as consequential damages. 9 & 4,200 & 133 & 5 & 0 & 2 \\ Alie is outraged when she hears that a company is offering insurance against being attacked by zombies: "Zombies aren't even real! Where conforming goods have been lost or damaged before risk of loss has passed to the buyer. c. a time limit of six months. c. the seller is insolvent. In addition to other remedies available, Jim may be able to recover commercially reasonable expenses incurred as a result of the breach. b. Plains can use the defense of impracticability. d. all of the above, The Fair Credit Reporting Act applies: Court generally prefer to award monetary damages for a breach of contract and will allow specific performance when money damages are inadequate to make the aggrieved party whole. To make sure that this is the case, the bank asks the appraisers to value 10 different properties (in $). floor. What are economic damages and the three types? the needs to be an age to enter a contract- can be voidable. Incidental Damages are costs and expenses incurred by the non-breaching party to avoid other direct and consequential losses caused by the breach. A seller's incidental damages for a buyer's breach would include all but which one of the following? c. No, because the car is totaled and no longer exists. D. The buyer may have the right to recover incidental and consequential damages. Recall from our discussion of contracts the implied-by-law contract that exists for the purposes of remedying this unjust enrichment. It falls within the bankruptcy meaning - but not the Code's definition - of insolvency. c. a hospital collecting a debt from a patient e. Receipt of cash refund from overpayment of taxes. Andy experiences significant difficulties with the computer and returns it to Best Buy. These shrubs will survive in direct sunlight. An aggrieved seller who resells wrongfully rejected goods is accountable to the original buyer for any profit made on the resale. Incidental damages include all reasonable expenses incurred because of a breach of contract. Which of the following is correct? 1] Ordinary damages. (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other C - A = $2,000 - (-$1,000) = $ 3,000. 3] Vindictive or Exemplary Damages. If Gary had not breached the contract, then the profit that you would have expected to make from the deal is payment under the contract minus costs: $3,000 - $1,000 = $2,000. "Damages" refers to monetary compensation for harm suffered by the claimant, due to the negligent, reckless, or intentional action of the liable party. d. None of the above is covered under the FDCPA. \end{array} a. \text { Income } \\ d. extraordinary damages. 13th Amendment Nominal damages are damages awarded when a wrong has occurred, but no actual financial loss was suffered. Seller's Incidental Damages. If the buyer is insolvent and has not paid for goods it has received, the seller may reclaim the goods. If the seller becomes insolvent, the buyer may still pay $9,000 and get the goods. Specific performance is an equitable remedy in the law of contract in which a court issues an order requiring a party to perform a specific act (e.g., to complete performance of the contract). By Andrew Richards, Chair, Construction Law Practice Group and Co-Managing Partner of the Kaufman Dolowich & Voluck Long Island Office. Assuming the use of a two-column (all-purpose) general journal, a revenue journal, and a cash receipts journal as illustrated in this chapter, indicate the journal in which each of the following transactions should be recorded: The hot water heater they sent has a 45-gallon capacity, but Perry had ordered a 60-gallon capacity. Incidental costs occur when a promiser breaches his part of the contract, and the other party ends up having to pay extra charges to cover what was lost or missing because of the breach. Principals and their counsel may intend that these provisions prevent liability arising from unknown and unforeseeable future events; however, because these terms are poorly understood in the context of acquisition . The party conferred the benefit with the reasonable expectation of being paid. b. Parol evidence The buyer has the right to stop delivery of the goods. 10.50\% & 9.99 & 9.45 & 9.15 \\ (Round earnings per share figures to the nearest cent. a. are liquidated damages clauses. In such contexts, (a) incidental damages are costs and expenses incurred by the non-breaching party to avoid other direct and consequential losses caused by the breach, and (b) consequential damages are damages that (i) are neither incidental nor direct damages and (i) normally and necessarily arise from the specific nature of either the \hline 10 & 575000 & 583000 \\ The starting point in calculating compensatory damages is to determine the loss in value of the performance that the plaintiff had the right to expect. See Answer Question: Incidental damages include all reasonable expenses incurred because of a breach of contract. Alimony, child support, student loans, & taxes, The assurance of payment in international contracts; gives a title to controlled goods, SHRM CP - Organization - Employee and Labor R, SHRM CP - Competencies - Relationship Managem, Exam 4 (Immunology) - Ch. b. income tax rate) and showing earnings per share figures (200,000 shares outstanding). a. Ralph provides ice sculptures for private weddings, parties, and receptions. They must be foreseeable in that they were communicated or known. a. there is a three-day rescission period. c. Modification or limitation of remedy. c. Perry wins since the contract breach concerns the whole contract. b. calling the debtor at home at 8:30 AM to confirm the debt Consequential damages can be awarded based on a variety of consequences, which can lead to significant amounts of money awarded to a plaintiff. People from the United States pledged $3.3 billion to support the rebuilding efforts in Haiti following the 2010 earthquake there. How do the laws of supply and demand affect the labor market? c. since the buyer did not specifically allocate the spot market replacements to the individual sellers' accounts, the cost of cover could not be determined in this case. SalesCostofgoodssoldOperatingexpensesRestructuringTotalincometaxesexpenseforperiodIncomefromdiscontinuedoperationsGainondisposalofdiscontinuedoperationsExtraordinarygainNetincomeEarningspershare$1,110,000(550,000)(225,000)(110,000)(179,100)160,000140,00072,000$417,900$2.09. The sales contract states that the book is to be delivered within ten days. Sign in Menu Why Levelset We are the people against slow payment Levelset story PR/Newsroom The Hoffmans called All-Right and agreed to pay the $12,500 extra and went in to sign the paperwork. c. can provide a separate credit report The Windsors: After a breach by the seller, buyer may replevy the goods after identification if: The lease provided that if Doug ended the lease early, he would be Cindy's contract with Bob is: The Morrisons are about to purchase their first home in a new town. a. . a. Alice may not rescind the agreement. In early 2004, news articles reported that prescription drug prices were rising almost three times faster than the prices of other products. Under the CISG, avoidance of a contract cancels any provision for settlement of disputes. b. incidental damages. Which of the following is prohibited in the collection of consumer debt by the Fair Debt Collections Practices Act? A contract with a person declared mentally incompetent. \text{Total income taxes expense for period} & (179,100)\\ 5 & 3,080 & 72.2 & 4 & 0 & 2 \\ a. testing a hypothesis Since the purpose of remedies under the Code is compensation, punitive damages are generally available. d. none of the above. In a California medical malpractice case, there is a cap of $250,000 on pain and suffering and other non-economic damages. a. c. any reasonable expenses connected to the delay. d. none of the above. c. any reasonable expenses connected to the delay. If you've been injured in an accident involving a . b. Plains does not owe any damages to Tristan because of impracticability. a. physical force. Example. $45,608 -$64,733 = ($19,125). a. a bankruptcy in 2012 What is incidental damages quizlet? Damages would include: a. the Fair Debt Collections Practices Act. Identify the factors that explain why the drug companies were able to raise prices so sharply. a. void. Anne was shopping for a used washing machine. Consequential damages include damages for destruction of a warehouse caused by the explosion of nonconforming goods. Example. Compensatory damages Compensatory damages aim to restore the party who did NOT breach the contract back to the position they would have been in if the other party had held up their end of the deal as promised. Where the goods have been shipped under reservation of a security interest in the seller and that interest has been satisfied. When would the court not penalize parties for breaching a contract? A: What is the value of C? Ericson conferred a benefit on Petro Industries by building the oil derrick. What was the holding in Hadley v. Baxendale ? b. the agency need only include a copy of the request in its report. \end{array} & \text { Education } \\ Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach. c. Recover the price. \end{array} The seller of a dry cleaning business has agreed not to open another dry cleaning business for two years within a one-mile radius of the sold business. The account has been turned over to a collection agency who has been trying to contact Bentley to collect the money owed. Dana has become uncomfortable with the visitors and the surveillance. Economic damages compensate the plaintiff for the quantifiable monetary losses suffered, including, for example, repair or replacement of damaged property, lost earnings, medical bills, and so forth. Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach. c. notify the creditor of the error within 30 days of receiving the bill. The real estate agent has committed fraud. a. amount to be purchased. \end{array} & \begin{array}{c} Rose, a minor, purchased a new car from Sheehan Buick for $5,000. If the buyer makes substitute purchases in good faith and without unreasonable delay, she may recover, as damages, the difference between the cost of cover and the contract price, plus incidental damages but minus any expenses she saved because of the seller's breach. These expenses may be awarded in a civil lawsuit in addition to the award of compensatory damages. Tristan Colbert owns an appliance store. Under the CISG, if the contract is avoided and the seller has resold the goods in a reasonable manner and within a reasonable time after avoidance, the seller may recover: b. have a remedy of damages or rescission if this information was withheld from them. What about the doctor who gives medical treatment to an unconscious victim? b. Without acknowledging the possible existence of zombies, provide an alternative perspective on the insurance company's ethics. False Under the rule in Hadley v. \text{Cost of goods sold} & (550,000)\\ The fair market value of a 10-foot fishing boat is $1,000. a. is void as against public policy. Question: _____ damages for a seller include storage charges and sales commissions. b. It leads to a more diverse workforce than external recruitment. c. recover no suits since it had been more than 10 days since delivery. d. can be compensated under the doctrine of substantial performance. c. The most the real estate agent has committed is misrepresentation. b. can sue for libel D. The buyer may have the right to recover incidental and consequential damages. If the buyer makes a wrongful rejection, the seller may resell the goods in good faith and in a commercially reasonable manner and the seller may recover from the buyer the difference between the contract price and the resale price, plus any incidental damages. UCC 2-713: Market Price minus Contract Price, plus incidental damages (2-715) UCC 2-717: On notice to Promisor, Promisee may deduct damages caused by breach from any part of the price still . (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other a. credit contracts in which a security interest in the home is given. d. cancel the contract. c. Cost to initially ship the widgets to buyer. a. the costs of finding substitute buyers or goods. Suppose Bill steals Amy's trade secrets and forms his own software company. d. none of the above. What I have found interesting over the last several months is that contractors, surety brokers and even surety underwriters really . On October 23, the Consumer Product Safety Commission announced a recall of the toy cars as well as a ban on their sales because of electrical shorts and a high risk of fire in the cars. d. an attorney collecting on a contingent fee basis a. Demrow Co., which contracted to buy 400 fishing poles from Royal Industries, anticipatorily breached the contract. Ralph Deuschle owned an ice sculpture company. Landview Appliances sells a stove to Evan for his home. The job is complete but Gary refuses to pay. Example: The cost of hiring an attorney to litigate a breach of contract claim. a. only to consumer reporting agencies. Understanding Damages Waivers: Consequential, Incidental, Lost Profits, and More by Practical Law Commercial Transactions Maintained USA (National/Federal) A Practice Note discussing waivers of consequential, incidental, indirect, lost profits, special, and other damages in limitation of liability clauses in commercial contracts. a. Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses, or commissions in connection with effecting cover, and any other reasonable expense incident to the delay or other The name "Sekelow Enterprises" and the company address appear on the postcards used along with: "VERY IMPORTANT: PLEASE CONTACT US ABOUT YOUR DILLARD'S DEBT." Which of the following is true? Amy agrees to buy goods from Van for a contract price of $2,000 payable on delivery. Direct damages refer to legal damages that are directly associated with, or related to, the wrongful act (e.g., breach of contract). At the end of the transaction, you are out of pocket $1,000. c. Alice may rescind the agreement regardless of whether she has the car. Consequential damages are also commonly referred to as "indirect damages" because they arise indirectly from a breach due to various events that flow from a breach. Military obligations The representatives of Fun-in-the-Sun Pool arrange a meeting at the Windsor's home to discuss the price and draw up plans. c. Krieg agreements are voidable. Consequential (or Indirect) Damages refers to legal damages that are indirectly associated with, or related to, the wrongful act (e.g., breach of contract). Incidental damages include reasonable expenses or commissions in effecting cover. \text { Size } However, Broomfield did not tell Akon that he knew that Khalilian was a liar and that he had also been in prison. a. Under the CISG, the seller may require the buyer to: Incidental damages include: a. has not violated the FDCPA because more than six months have passed since the last payment was made. 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