Paralegal Exam Prep - Question List

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61. Heather signed an apartment lease agreement with Heathrow for a 12-month term. After 3 months, Heather found a better apartment and decided to move. Heather had paid Heathrow rent for the 3 months that she lived in Heathrow's apartment. Heathrow, believing that Heather was responsible for the rent for the remaining 9 months, allowed the apartment to remain empty for the rest of the term of the lease agreement that he had with Heather. When Heather refused to pay for the remaining 9 months, Heathrow sued. How will the court decide this case?
  1. Heather will lose and be required to pay Heathrow for the remaining 9 months because she breached the contract.
  2. Heather will lose, but will be required to pay Heathrow an amount that is less than 9 months, as Heathrow had a duty to mitigate damages.
  3. Heather will win because she paid for the months that she lived in the apartment and is not required to pay any more.
  4. Heather will win and not have to pay for any additional amount because Heathrow should have found another tenant.
  5. Heather will lose because she did not give Heathrow 30 days notice of her intent to leave.
62. When would a court order specific performance as a remedy to a breach?
  1. When monetary damages are inadequate.
  2. When the breaching party cannot afford monetary damages.
  3. When the contract is for the sale of goods that are not unique.
  4. A and B.
  5. None of the above.
63. Which of the following are defenses to the formation of an agreement?
  1. Unilateral mistake
  2. Duress
  3. Statute of frauds
  4. Mutual mistake
  5. All of the above.
64. Damages awarded by the court to compensate for reasonable, minor expenses are called:
  1. Punitive.
  2. Incidental.
  3. Compensatory.
  4. Nominal.
  5. Consequential.
65. What defines the time limit for filing a lawsuit?
  1. Statute of frauds
  2. Statute of Westminster
  3. State of time limit
  4. Statute of limitations
  5. Statute of restrictions

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