TRUE$/$FALSE$-$one mark each $($please circle the correct answer$)$

$(15$ points$)$

$1.$ In an action for breach of contract, damages are usually sufficient to put the non$-$breaching party in the position he would have been in if the contract had been fully performed

TRUE

FALSE

$2.$ Oral promises to guarantee another's debts are enforceable if made in the presence of at least two witnesses

TRUE

FALSE

$3.$ A party who is asking a court to rescind a contract on the bases that he lacked the required mental capacity to make the contract must prove that the other party was aware of his impairment

TRUE

FALSE

$4.$ In a contract for the sale of a business, a seller's promise not to compete, if expressly stated in the contract, is always enforceable

$5.$ A false statement of fact made by a seller during negotiations will always result in the buyer having the right to rescind the contract

TRUE

FALSE

TRUE

FALSE

$6.$ The house builder you hired to build your house can assign his right to receive payment to his banker