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Question 1
Howard hires College Painters, Inc. to paint his house. Under the contract that they sign, the company will paint the house white with blue trim and Howard will pay the company $10,000. One week before the job is supposed to begin, the company calls Howard and tells him that, in light of certain economic realities, they will not be able to paint the house for less than $15,000. Howard then finds another painter who agrees to paint his house for $10,000. When College Painters arrives to begin painting Howard's house, Howard informs them that he has hired someone else to paint the house. The company sues Howard for breach of contract. They will:
Correct
Incorrect!
Correct
Incorrect!
Correct The repudiation of a contract is where one party to a contract informs the other party that he will not perform his duties under the contract. If the repudiation comes before the time established for performance, the innocent party can consider this an anticipatory breach and he is then excused from holding himself ready to perform. Here, the company told Howard that they were not going to perform on the contract. That being the case, Howard was not required to hold himself ready to perform his part of the contract by keeping the house available for the company to paint. That being the case, the company cannot recover from Howard and C is the correct answer.
Incorrect! The repudiation of a contract is where one party to a contract informs the other party that he will not perform his duties under the contract. If the repudiation comes before the time established for performance, the innocent party can consider this an anticipatory breach and he is then excused from holding himself ready to perform. Here, the company told Howard that they were not going to perform on the contract. That being the case, Howard was not required to hold himself ready to perform his part of the contract by keeping the house available for the company to paint. That being the case, the company cannot recover from Howard and C is the correct answer.
Correct
Incorrect!
Question 2
Howard hires College Painters, Inc. to paint his house. Under the contract that they sign, the company will paint the house white with blue trim and Howard will pay the company $10,000. One week before the job is supposed to begin, the company calls Howard and tells him that, in light of certain economic realities, they might not be able to paint the house for less than $15,000. Howard then finds another painter who agrees to paint his house for $10,000. When College Painters arrives to begin painting Howard's house, Howard informs them that he has hired someone else to paint the house. The company sues Howard for breach of contract. They will:
Correct An expression of doubt that a party will perform is not enough to constitute anticipatory breach. However, expressions of doubt may constitute a prospective inability to perform, in which case, the innocent party can suspend his performance and demand assurances of performance. That being the case, Howard was not allowed to simply hire somebody else because the company was not in anticipatory breach. The best Howard could have done here was demand assurances of performance from the company and then hire somebody else if he did not get those assurances. Therefore, when the company arrived to paint Howard's house and Howard would not let them, he was in breach of their contract. Thus, the company can recover from Howard and A is the correct answer.
Incorrect! An expression of doubt that a party will perform is not enough to constitute anticipatory breach. However, expressions of doubt may constitute a prospective inability to perform, in which case, the innocent party can suspend his performance and demand assurances of performance. That being the case, Howard was not allowed to simply hire somebody else because the company was not in anticipatory breach. The best Howard could have done here was demand assurances of performance from the company and then hire somebody else if he did not get those assurances. Therefore, when the company arrived to paint Howard's house and Howard would not let them, he was in breach of their contract. Thus, the company can recover from Howard and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Howard hires College Painters, Inc. to paint his house. Under the contract that they sign, the company will paint the house white with blue trim and Howard will pay the company $10,000. One week before the job is supposed to begin, Howard calls the company and tells them that he no longer wants to paint his house. The company receives another offer to paint a house for $5,000 but they decide they would rather sue Howard for the $10,000 contract price than work on another house. If the company sues Howard for breach of contract and wins, they will recover:
Correct
Incorrect!
Correct The general rule regarding damages in cases of anticipatory breach is that the innocent party has a duty to mitigate the damages he suffers due to the breach. If the innocent party fails to mitigate damages, he will not be entitled to the damages he could have avoided. Here, because the company could have avoided $5,000 in loss by accepting the other job, they will not be able to recover that $5,000 from Howard. That being the case, the company will only be able to recover the $5,000 that they could not mitigate and B is the correct answer.
Incorrect! The general rule regarding damages in cases of anticipatory breach is that the innocent party has a duty to mitigate the damages he suffers due to the breach. If the innocent party fails to mitigate damages, he will not be entitled to the damages he could have avoided. Here, because the company could have avoided $5,000 in loss by accepting the other job, they will not be able to recover that $5,000 from Howard. That being the case, the company will only be able to recover the $5,000 that they could not mitigate and B is the correct answer.