Chapter 11

What are the elements of fraudulent misrepresentation?

• Intent to deceive, a mistake by both parties, and written documentation

• Misrepresentation of a material fact, intent to deceive, reliance by the innocent party, and harm suffered

• Breach of contract, negligence, and duress

• An oral agreement, a misunderstanding, and economic loss

In what situations is the delegation of duties prohibited?

• Personal Services Contracts

• Contractual Prohibition

• Public Policy

• All of the above

What is the standard measure of compensatory damages when a contract is breached?

• The injured party receives a fixed penalty set by law

• The injured party is reimbursed for all emotional distress caused by the breach

• The injured party receives the amount necessary to put them in the position they would have been in if the contract had been fully performed

• The breaching party is fined double the contract value as a deterrent

Substantial performance occurs when a party fulfills contract obligations exactly as specified, with minor deviations.

• True

• False

Fraudulent misrepresentation occurs when one party intentionally deceives another, leading to damages.

• True

• False

What is substantial performance in contract law?

• When a party completely fulfills all contractual obligations with no deviations.
  

• When a party intentionally breaches the contract but offers compensation.

• When a contract is terminated due to a material breach.

• When a party fulfills most contractual obligations with minor deviations that do not defeat the contract’s purpose.
  

The standard measure of compensatory damages in a contract breach is expectation damages, which restore the non-breaching party’s expected position.

• true

• false