An Action for the Agreed Sum Is the Most Common

question 5

Multiple Choice

An action for the agreed sum is the most common claim brought for breach of contract. Although it is a monetary claim, it is distinguishable from a damages claim for breach of contract in several ways. Which of the following statements is false?

• A) The claimant for the agreed sum need not prove any loss caused by the contract breaker's breach, only that he has not received payment.
• B) The remoteness limit is irrelevant to the innocent party's claim for the agreed sum.
• C) The innocent parties' failure to mitigate is irrelevant to his claim for the agreed sum.
• D) An innocent party cannot claim damages for breach of contract in addition to the agreed sum.