Question: Substantial performance represents a less-than-complete performance which allows the performing party to be entitled to a partial recovery, since the work done is sufficient to
Substantial performance represents a less-than-complete performance which allows the performing party to be entitled to a partial recovery, since the work done is sufficient to avoid a complete claim of breach of contract.
| 1) True | |
| 2) False |
Question 5 (2 points)
Incomplete performance recognizes that a contracting party has fulfilled every duty required by a contract.
| 1) True | |
| 2) False |
Question 6 (2 points)
Commercial impracticability of contract performance exists when a manufacturer's major source of raw materials is unexpectedly interrupted.
| 1) True | |
| 2) False |
Question 7 (2 points)
When a party intentionally relinquishes a right to enforce a contract, a waiver occurs.
| 1) True | |
| 2) False |
Question 8 (2 points)
A party that does not live up to the obligation of contractual performance is said to breach the contract.
| 1) True | |
| 2) False |
Question 9 (2 points)
There are several remedies or solutions available for breach of contract which may include an award of money damages, specific performance or contract rescission.
| 1) True | |
| 2) False |
Question 10 (2 points)
The victim of a contract breach must take reasonable steps to mitigate or reduce their damages when possible.
| 1) True | |
| 2) False |
Question 11 (2 points)
The tort of battery is the placing of a person in immediate apprehension, fear, or the expectation that a person is about to be physically injured.
| 1) True | |
| 2) False |
Question 12 (2 points)
An assault is an illegal touching done without justification or consent of the person that is touched.
| 1) True | |
| 2) False |
Question 13 (2 points)
Malicious prosecution is the intentional and unjustified confinement of a non-consenting person.
| 1) True | |
| 2) False |
Question 14 (2 points)
False imprisonment arises from causing someone to be arrested criminally without proper grounds or probable cause.
| 1) True | |
| 2) False |
Question 15 (2 points)
Conversion is the wrongful exercise of control over personal property that belongs to another person.
| 1) True | |
| 2) False |
Question 16 (2 points)
Written defamation is called slander.
| 1) True | |
| 2) False |
Question 17 (2 points)
Oral defamation or defamation made over radio or television is called libel.
| 1) True | |
| 2) False |
Question 18 (2 points)
Fraud is an intentional misrepresentation of a material fact that is relied upon to the detriment of another person.
| 1) True | |
| 2) False |
Question 19 (2 points)
An injurious falsehood or trade disparagement consists of the publication of untrue statements that disparage a business owner's product or its quality.
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