BUS107 : Commercial Law - Liquidated Damages Clause - Law Assignment Help

Assignment Task :

Part A – Multiple Choice 

1. A contract can come to an end because of …

• performance
• frustration
• lapse of time
• all of the above                                                                                   

2. What is frustration?

• Where one party regrets their commitment, or faces hardship, inconvenience, or material loss
• Where the right to sue for breach of contract has become statute barred
• A supervening event beyond the control of the parties that has made the contract incapable of performance
• An anticipatory breach of contract                                                                            

3. Restitution is…

• the imposition of a penalty as retribution for an offence
• a remedy available where someone has benefited at the expense of someone else and it would be unjust to allow that person to keep the benefit
• the award of money or something else in recognition of loss or injury
• the setting aside of the contract and restoring the parties to the position they were in before the transaction took place                                                                              

4. What is a liquidated damages clause?                                                                                                                  

• A term not explicitly written or spoken but put into the contract by legislation
• A term that limits the liability of one of the parties
• A statement, promise, or representation made after the contract has been formed
• A clause that specifies the amount of damages recoverable by one party if the other party breaches the contract                                                                                                                              

5. What does privity of contract mean?

• Only a party to a contract has any rights under the contract
• A plaintiff seeking compensation for breach of contract must prove that the breach caused their losses
• A court order requiring a person to fulfil their agreement under a contract
• Compensation is a reward given to the plaintiff for taking legal action                                                                                           

6. The case of Donoghue v Stevenson is also known as the …

• ‘snail in the garden’ case
• ‘message in the bottle’ case
• ‘snail in the bottle’ case
• ‘message in the garden’ case                                                                                         

7. What is the second element of negligence that must be proven by a plaintiff when suing a defendant in negligence?

• The defendant breached a condition of the contract
• The defendant breached their duty of care by failing to meet the standard of care
• The defendant owed the plaintiff a duty of care
• The defendant is jointly liable for the wrongful acts of the partnership

8. In negligence, what is meant by the term ‘causation’?                                                                                                           

• To be recoverable from the defendant the losses incurred must actually be caused by the negligent act
• Where a person is also careless regarding their own safety the court will apportion the negligence between the plaintiff and the defendant and award damages accordingly
• Every action we take carries some degree of potential risk to ourselves and to others
• To be recoverable from the defendant the losses incurred must be reasonably foreseeable                                                                                                         

9. Which party owes a recognised duty of care?

• Authorities - to those they govern
• Occupiers - to their visitors and tenants
• Manufactures - to consumers
• All of the above                                                                                                    

10. Where a person has understood and accepted the risks involved before participating in a dangerous activity this is called …

• voluntary assumption of risk
• negligent misstatement
• contributory negligence
• standard of care                                                                                                               

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