Which of the Following Is False with Regard to Remedies

question 139

Multiple Choice

Which of the following is false with regard to remedies for breach of contract?

• A) Specific performance is an equitable remedy forcing a person to comply with the terms of the contract.
• B) The victim of a breach cannot recover damages that he could have avoided if he had tried to mitigate his loss.
• C) A person who breaches a contract is liable for all the foreseeable loss that directly and naturally flows from the breach.
• D) Damages are awarded by the court to a person who has suffered loss because of a breach of an essential term of the contract, but are not awarded for a breach of an non-essential term, i.e., a warranty.
• E) An exemption clause that a seller claims absolves him from liability may be of no effect if the seller has committed a "fundamental breach" of the contract.

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Definitions:

Cultural

Pertaining to the customs, arts, social institutions, and achievements of a particular nation, people, or other social group.

Contextual

Related to, dependent on, or being the context of a situation or event which influences its meaning or effect.

Biological

Relating to biology; pertaining to the science of life or living organisms.

Psychological

Pertaining to the mind or mental processes, often involving emotional and cognitive functions.