Woody Entered into a Contract with Jezebel

question 70

Multiple Choice

Woody entered into a contract with Jezebel.She promised to pay $10 000 and he promised to build a sun deck in her backyard.The contract contained specific terms regarding the quality of the materials that Woody would use.Woody built a sun deck,but many of the materials that he used fell below the standard required by the contract.As a result of that breach,the deck is worth $1000 less than Jezebel expected.It will cost $9000 to replace the defective materials with materials that satisfy the terms of the contract.Which of the following statements is TRUE?

• A)A court will certainly award cost of cure damages if Woody deliberately used materials that did not satisfy the terms of the contract.
• B)A court will probably refuse to award cost of cure damages because the difference between the loss of value and the expense of repairing the defect is very large.
• C)If Jezebel is awarded cost of cure damages,she must use that money to cure the defect.
• D)Cost of cure damages are classified as a form of punitive damages because they often require the defendant to pay for more than the plaintiff's actual loss of value.
• E)If Woody deliberated breached the contract by using inferior materials,Jezebel will receive total damages worth $18 000.

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