A clause in a contract stating that no damages can be recovered for certain types of breaches is known as what?

Correct answer: An exculpatory clause.

Explanation

This question tests the definition of an exculpatory clause, a specific type of contract provision that seeks to eliminate a party's liability for damages.

Other questions

Question 1

What is the primary goal of compensatory damages in a breach of contract case?

Question 2

In a contract for the sale of goods where the seller fails to deliver, what is the usual measure of the buyer's compensatory damages?

Question 3

What principle was established by the classic case of Hadley v. Baxendale regarding the recovery of damages?

Question 4

Under the doctrine of mitigation of damages, what is a wrongfully terminated employee typically required to do?

Question 5

A provision in a contract specifying that a contractor will pay 300 dollars for every day they are late in completing a project is an example of what?

Question 6

When will a court generally enforce a liquidated damages provision?

Question 7

What is the primary purpose of the equitable remedy of rescission?

Question 8

In which of the following situations would a court most likely grant the equitable remedy of specific performance?

Question 9

What is the primary function of the equitable remedy of reformation?

Question 10

If a contractor breaches a construction contract before performance has begun, what can the owner recover?

Question 11

Wilcox contracts to perform services for Hernandez for one month for 4,000 dollars. Hernandez cancels the contract. Wilcox finds another job for the same month but can only earn 3,000 dollars. What is the amount of compensatory damages Wilcox can recover from Hernandez?

Question 12

What does the doctrine of election of remedies prevent?

Question 13

If a party knowingly relinquishes their legal right to require satisfactory and full performance under a contract, what has occurred?

Question 14

What type of damages are awarded to recognize a technical injury and establish that the defendant acted wrongfully, even when no actual financial loss has occurred?

Question 15

Under what circumstances may a court grant reformation of a contract?

Question 16

To recover under the theory of quasi contract, which of the following is NOT a required element?

Question 17

If a construction contractor stops work partway through a project, what is the measure of the owner's damages?

Question 18

When are punitive damages generally recoverable in a contract law case?

Question 19

What is the consequence if a party waives a breach of contract?

Question 20

If a contract contains a limitation-of-liability clause, under what circumstances will it likely NOT be enforced by a court?

Question 21

What type of damages are expenses caused directly by a breach of contract, such as those incurred to obtain performance from another source?

Question 22

In a construction contract, what is the measure of damages if the owner breaches after the construction has been completed?

Question 23

What is meant by the term 'restitution' in contract remedies?

Question 24

If a court determines that the cost of completing a construction project as specified in the contract greatly outweighs the benefit to the owner, this situation is known as:

Question 25

Chrylon Corporation contracts to buy ten network servers from an XEXO dealer for 8,000 dollars each. The dealer fails to deliver them. At the time of the breach, the market price for the servers is 8,150 dollars each. What is Chrylon's measure of compensatory damages?

Question 26

What is the key difference between compensatory damages and consequential damages?

Question 27

A court will typically not award an equitable remedy unless what condition is met?

Question 28

What is a key requirement for recovering consequential damages, as established in Hadley v. Baxendale?

Question 29

Based on the case of Hanson v. Boeder, if a landlord breaches a lease and the tenant farmer is unable to find replacement land to rent after a reasonable effort, can the tenant recover for lost profits?

Question 30

In the case of Stainbrook v. Low, why did the court grant specific performance of the land sale contract even though the buyer, Low, had not paid the property taxes as required by the agreement?

Question 31

What are the four broad categories of damages available for a breach of contract?

Question 32

If a homeowner breaches a construction contract during performance, what can the contractor recover?

Question 33

The failure of one party to perform their contractual duties entitles the other party to what equitable remedy that involves canceling the contract?

Question 34

What is the primary legal justification for why courts refuse to grant specific performance for personal-service contracts?

Question 35

What is the general effect of the Uniform Commercial Code (UCC) on the common law doctrine of election of remedies?

Question 36

If a seller breaches a contract for the sale of land by refusing to convey title, what is the buyer's usual remedy?

Question 38

If Jackson contracts to buy potatoes from Stanley at fifty cents a pound and Stanley breaches, but Jackson is then able to buy the potatoes on the open market for twenty-five cents a pound, what type of damages is Jackson likely to be awarded in a lawsuit against Stanley?

Question 39

If a waiver of breach occurs, what happens to the underlying contract?

Question 40

A court-ordered remedy that requires a party to return goods, property, or funds that they were unjustly enriched with is known as:

Question 41

In the context of construction contracts, if an owner breaches before the contractor has begun performance, what can the contractor recover?

Question 42

Which of the following remedies are generally inconsistent with each other, requiring a plaintiff to choose between them under the common law doctrine of election of remedies?

Question 43

If a contract contains a penalty clause, how will a court typically treat that clause?

Question 44

A seller's breach of contract for the sale of a rare, one-of-a-kind painting would most likely lead a court to grant which remedy to the buyer?

Question 45

What is the standard measure of compensatory damages?

Question 46

Why might a wrongfully terminated employee's damage award be reduced?

Question 47

Recovery in quantum meruit, meaning 'as much as he or she deserves', is associated with which contract theory?

Question 48

If a contract to sell land is breached by the seller, but specific performance is unavailable because the seller has already sold the land to someone else, what is the buyer's remedy?

Question 49

What is the purpose of the equitable remedy of restitution?

Question 50

When a court allows a plaintiff to plead for both rescission and monetary damages in their initial complaint, this procedural allowance is known as: