Practice Quiz

Paralegal Exam Prep - Question List

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76. Under common law, liquidated damages are enforceable as long as they:
  1. Are not punitive.
  2. Are only nominal.
  3. Are the same as incidental damages.
  4. Are statutory.
  5. Are also available under the UCC.
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77. Which of the following is NOT necessary to show loss of profits?
  1. The loss is the direct and natural consequence of the breach.
  2. The loss is greater than $50,000.
  3. It is reasonably probable that the profits would have been earned except for the breach.
  4. The loss is either present or future.
  5. The amount of loss can be shown with reasonable certainty.
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78. Which of the following is NOT a limitation on the damages a non-breaching party may receive under common law?
  1. The non-breaching party cannot receive damages for loss that he or she could have avoided through reasonable efforts.
  2. The non-breaching party cannot recover for losses that are not reasonably foreseeable.
  3. The non-breaching party cannot recover for losses that cannot be established with reasonable certainty.
  4. The non-breaching party cannot receive compensation for damages that would put him in a better position than he or she would have been in if there were no breach.
  5. The non-breaching party can only receive compensation that puts him or her in a better position than he or she would have been if there were no breach.
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79. Charlotte made a deal with Cindy to take care of Cindy's dog while Cindy was out of town for 3 weeks. Cindy paid Charlotte $300. Charlotte fell in love with Cindy's dog. When Cindy returned, Charlotte refused to return the dog to Cindy. Charlotte sued Cindy, demanding that Cindy return the dog, return the $300, and pay $1000 for pain and suffering. What will be the outcome of the lawsuit?
  1. The court will order Charlotte to return the dog and pay Cindy $1300.
  2. The court will order Charlotte to return the dog and pay Cindy $1000.
  3. The court will order Charlotte to return the dog and pay Cindy $300.
  4. The court will order Charlotte to return the dog.
  5. The court will order Charlotte to pay Cindy $1300.
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80. Under what circumstances can third parties sue for damages for breach of contract?
  1. Third parties cannot sue, as they were not party to the contract.
  2. If the third party is a spouse, the spouse can sue for breach of contract.
  3. If the third party is an employee, the employee can sue for breach of contract.
  4. If the third party is an intended beneficiary to the contract, the third party can sue for breach of contract.
  5. If the third party is an unintended beneficiary to the contract, the third party can sue for breach of contract.
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