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13. This response to the plaintiff’s allegation of breach of contract contains b

ID: 2475299 • Letter: 1

Question

13. This response to the plaintiff’s allegation of breach of contract contains both the defendant’s admission of non-performance and a claim that the defendant’s contractual duty has ended either by (a) agreement, or (b) law (i.e. statute of limitations), and, therefore, the defendant has not breached the contract.
a. No breach – excuse.
b. No breach – justification.
c. No breach – compliance.
d. None of the above.

17. If the defendant did not intend to breach the contract, the plaintiff cannot win his/her case. That is, the plaintiff must prove that the defendant intended to breach the contract. ....TURE OR FALSE

18. The successful plaintiff in a breach of contract case has many remedies from which to choose. For example, the remedy of specific performance is always available to successful plaintiffs in breach of contract lawsuits.
TURE OR FALSE

19. Which of the following responses to plaintiff’s allegation of breach of contract includes a denial of non-compliance ( non-performance) with the terms of the contract?

a.

No breach – excuse.

b.

No breach – justification.

c.

No breach – terminated duty.

d . None of the above.

20 . Determining the set of rules under which the alleged cause of action for breach of contract will be resolved.

a.

Choice-of-law.

b.

Statute of limitations.

c.

Rescission.

d. Reformation.

21. If a defendant in a breach of contract action (lawsuit) responds to the plaintiff’s allegation of breach by stating “no breach – justification,” the defendant is saying “my breach of contract was justified by your breach of contract.” .... TRUE OR FALSE

   

  

17. If the defendant did not intend to breach the contract, the plaintiff cannot win his/her case. That is, the plaintiff must prove that the defendant intended to breach the contract. ....TURE OR FALSE

18. The successful plaintiff in a breach of contract case has many remedies from which to choose. For example, the remedy of specific performance is always available to successful plaintiffs in breach of contract lawsuits.
TURE OR FALSE

19. Which of the following responses to plaintiff’s allegation of breach of contract includes a denial of non-compliance ( non-performance) with the terms of the contract?

a.

No breach – excuse.

b.

No breach – justification.

c.

No breach – terminated duty.

d . None of the above.

20 . Determining the set of rules under which the alleged cause of action for breach of contract will be resolved.

a.

Choice-of-law.

b.

Statute of limitations.

c.

Rescission.

d. Reformation.

21. If a defendant in a breach of contract action (lawsuit) responds to the plaintiff’s allegation of breach by stating “no breach – justification,” the defendant is saying “my breach of contract was justified by your breach of contract.” .... TRUE OR FALSE

   

  

Explanation / Answer

answer no. 13.

option b is correct.

17.

true

18.

false

19.

no breach excuse

20

statue of limitation

21. false

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