Question: 3 . Ben and Jerry enter into a contract for Ben to build Jerry s ice cream stand. Jerry needs the stand to be ready

3. Ben and Jerry enter into a contract for Ben to build Jerrys ice cream stand. Jerry needs
the stand to be ready for the Summer, so he provides in the contract that the stand must
be completed by May 15. One term of the contract says "due to the difficulty in
determining damages resulting from breach of this contract by the Ben, the parties agree
that Jerry shall be entitled to $250 per day in damages for each day after May 15 that
construction of the stand is not complete. What type of damages does this contract
term describe?
a. Consequential damages
b. Incidental damages
c. Punitive damages
d. Liquidated damages
4. Deb has a written contract to buy from Sarah rare vase from the Ming dynasty (originally
from China) for $1,000,000. Sarah changes her mind and doesn't want to sell the
vase. Deb really wants the vase--and doesn't just want damages for Sarahs breach of
contract. What is Debs best remedy:
a. Restitution
b. Injunction
c. Specific performance
d. Quantum meruit
5. Andres requires a special machine for his business called Xtron. Acme manufacturing makes
and sells a version of Xtron, as do several other manufactures. Andres orders an Xtron
machine from Acme, for delivery on July 1. Andres tells Acme that Andes needs the Xtron on
that date, in order to use it to fulfill customer orders. Acme fails to deliver the Xtron to Andres
on July 1, and tells Andres that its unlikely to have an Xtron available until October. Andres
cancels the order with Acme and buys an Xtron from another manufacturer. However, delivery
from that manufacturer wont be made until August 1, causing Andres to lose $5000 worth of
profit on business from July 1 to August 1. What type of damages is the $5000 lost:
a. Consequential damages
b. Compensatory damages
c. Punitive damages
d. Speculative damages

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