Question: Specific performance may be proper in the few instances in which damages are deemed to be an inadequate remedy. True False Which of the following

  1. Specific performance may be proper in the few instances in which damages are deemed to be an inadequate remedy.

    True

    False

Which of the following accurately depicts a condition precedent?

Mark agrees to buy Kassies parcel of land if it is approved for rezoning within one month of signing the agreement

Mark agrees to buy Kassies parcel of land when the parcel is approved for rezoning

Mark agrees to buy Kassies parcel of land after she receives the paperwork indicating the rezoning was approved

None of the above

Aiden entered into a contract with Zoe to purchase her home. The purchase agreement stated Aidens offer to purchase the home was contingent on his approval of the result of a home inspection and a radon gas inspection. The inspection was to meet his personal satisfaction. An inspection of the home revealed radon was present, but not in an abnormal or unsafe level for homes within the state. Aiden found the reports conclusions to be unacceptable and cancelled the sale. This is an example of a

Condition precedent

Concurrent condition

Condition subsequent

Covenant

Camilla Consulting entered into a contract with a company. Before contract performance was to begin, Camilla told the company her firm would not perform the contract because she had bid the work too cheaply. The company refused to adjust the compensation. The company searched for a replacement but could not find many qualified candidates. The replacement consulting firm was more qualified than Camillas firm but required an additional $10,000 in compensation. The company seeks damages from Camilla because of her breach. What damages might the court grant to the company?

$10,000 in consequential damages

Nothing, because the employer was only required to find someone as qualified as Camilla, not more qualified.

Nothing, because the company received a more qualified consultant for the extra cost.

$10,000 in compensatory damages

What is the difference between a condition and a covenant?

A condition is an event that establishes a specific legal duty only if or until the event occurs; a covenant establishes a specific legal duty that is binding regardless of outside occurrences.

Failing to satisfy a condition allows a party to sue for breach, while failing to satisfy a covenant only allows a party to recover for damages associated with that covenant.

A condition and a covenant may be used interchangeably.

A condition is binding regardless of outside occurrences, while a covenant imposes no legal duty until a condition occurs.

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