QUESTION 6 Albert entered into a contract under the name of one of his corporations. After consulting with his accountant regarding tax implications, he asked, and the other party agreed, to change the name of the company in that contract. What has transpired with respect to the contract between these parties? a. amendment b. novation C. substitution d. assignment QUESTION 7 Although Maybelle's insurance excluded coverage for jewelry loss, her insurer mistakenly sent her a cheque to compensate her for the loss of an expensive piece of jewelry. What legal doctrine might the insurer use to recover the money that was mistakenly paid to Maybelle? a. misrepresentation b. frustration c. the duty to mitigate d. unjust enrichment QUESTION 8 Among other things, Genevieve received an award from the court relating to her inability to sleep for 14 months following the collapse of the roof covering a newly built addition to her home. What is the nature of this portion of Genevieve's award? a non-pecuniary general damages b. pecuniary expectation damages c. punitive damages for tangible losses d. punitive damages for intangible loss QUESTION 9 Both parties to the original contract must agree to an assignment for it to be enforceable. True False QUESTION 10 Everyone who suffers a breach of contract has a duty to mitigate. True False QUESTION 11 If neither party has performed its obligations under a contract when a frustrating event occurs, they are both left where they were before the contract was formed. O True False QUESTION 12 Leslie offered to pay Murray $100 a day to show her dog in an upcoming three-day competition. Murray accepted and showed the young male dog, winning best of breed during each day's competition. Leslie paid Murray $300. What is the present status of their contractual arrangement? a. The payment of the settlement ended the contract. b. The contract terminated by agreement of the parties. c. The contract has been terminated by performance. d. The termination of the competition frustrated the contract. QUESTION 13 In which situation might a court be inclined to grant an injunction? a. where the contract contains a promise not to engage in specified activities b. where the court wishes to force a party to complete their performance of the contract c. where the plaintiff is undeserving of damages d. where the plaintiff does not have "clean hands