The Objective of Providing Remedies for the Breach of a Sales

question 24

Multiple Choice

The objective of providing remedies for the breach of a sales contract is to:

• A) punish or penalize the party responsible for breaching the contract.
• B) encourage parties to rely on trade practices rather than express terms.
• C) put the injured person in the same position as if the contract has been performed.
• D) encourage parties to rely on oral contracts rather than written contracts.

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Definitions:

Summary Judgment

A judicial decision made without a full trial, based on the premise that the material facts of the case are undisputed and require only a legal interpretation to resolve.

Motion for Judgment

A motion for judgment is a legal request asking the court to issue a judgment in the filer's favor before a full trial is conducted.

Preponderance of the Evidence

The standard of proof in most civil trials, requiring that the evidence presented by one side be more convincing than the evidence presented by the other side.

Standard of Proof

The level of certainty and the degree of evidence necessary to establish proof in a legal proceeding or trial.