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NEW QUESTION 30
Restitution damages are often calculated before contracts are signed and are clearly stated within a contract. Which of the following statements is not true?

A. restitution damages cannot be mitigated by the actions of the innocent partyB. restitution damages are calculated based on how much the breaching party gained, ra-ther than how much the innocent party lostC. restitution damages may leave the breaching party in a worse position than they were in before the contract beganD. restitution damages means you are unable to claim for future losses

Answer: A

Explanation:
"restitution damages cannot be mitigated by the actions of the innocent party" is the untrue state-ment out of these four. The general principle of Restitution Damages is that the innocent party is expected to be proactive in mitigating the consequences of any breach and should not allow costs to spiral out of control. See p. 124

 

NEW QUESTION 31
Which of the following will you put into box 5?

A. ConditionB. Innominate TermC. Warranty

Answer: A

Explanation:
The correct answers are as follows:

This is a condition as it is fundamental to the contract.

 

NEW QUESTION 32
An agreement in which an organisation is not accountable for any damages that occur during a contract is known as what?

A. liquidated damagesB. waiver of subrogationC. hold harmless agreementD. limited liability

Answer: C

Explanation:
This is a Hold Harmless Agreement and the definition is given on p. 26. A Waiver of Subrogation is a related term which stops an insurance firm claiming money back from someone in the contract - see p.26 for more info.

 

NEW QUESTION 33
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