Paralegal Exam Prep - Question List

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71. Roger agrees to sell his boat to Remmy for $1000. A few days later, Remmy changes his mind and refuses to buy Roger's boat. Roger ends up selling his boat to Ray for $800. Under the UCC, what damages can Roger recover from Remmy for Remmy's breach?
  1. Under Article 2 of the UCC, Roger can recover $200.
  2. Under Article 2 of the UCC, Roger can recover $800.
  3. Under Article 2 of the UCC, Roger can recover $100.
  4. Under Article 2 of the UCC, Roger cannot recover any damages.
  5. None of the above.
72. Under the Uniform Commercial Code which of the following remedies is not available for a breach?
  1. Compensatory damages
  2. Exemplary damages
  3. Incidental damages
  4. Actual damages
  5. None of the above.
73. Albert found a great new job that required him to move from Southern California to Montana. Since he would no longer need it, Albert decided to sell his top-of-the-line, custom-crafted surfboard. Arnold entered into an agreement with Albert to purchase the surfboard for $500. Arnold lost his job and told Albert that he could not afford to buy the surfboard. Archie agreed to purchase it for $400, and Arthur offered Albert $500. Because Archie is a good friend to Albert, he decided to sell it to him for $400. In a breach of contract lawsuit against Arnold, how much would Albert recover under the UCC?
  1. $500
  2. $400
  3. $100
  4. $1
  5. $0
74. McManus Enterprises entered into a 2-year employment contract with McKinley to perform IT services with a salary of $300,000 per year. McKinley's duties required him to work long hours in a fast-paced, stressful environment. McKinley performed his duties well. However, after 6 months McManus Enterprises hired McCauley to perform the same IT job as McKinley for only $150,000 per year. McManus fired McKinley. McKinley, angry about being fired, sued McManus for breach. In the meantime, McKinley decided to take a break from working in IT and accepted a position at the local MacKenzie Hamburger fast food chain for $9.00 an hour. What limitation will there be on the amount that McKinley can recover from McManus?
  1. The amount that McKinley earns working at MacKenzie Hamburger Joint.
  2. The total amount that McKinley would have earned under the contract.
  3. The amount that McKinley could have reasonably earned by obtaining an IT position.
  4. The total amount that McKinley would have earned under the contract, plus punitive damages.
  5. The difference between the amount that McKinley would have earned under the contract and the amount that McCauley earns from McManus.
75. Under what circumstances will a court enforce a liquidated damages clause?
  1. The damages were difficult to calculate at the time the contract was made.
  2. The amount of damages must be nominal.
  3. There is a reasonable relationship between the amount of the liquidated damages and the actual damages.
  4. A and C.
  5. A, B, and C.

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