According to the Restatement (Second) of Contracts, what are the five factors used in determining whether a particular breach is material and what is the legal consequence of a finding the breach was material?
What will be an ideal response?
The five factors are (1) the extent of injury to the aggrieved person, (2) the
extent to which the aggrieved party can be compensated, (3) the extent to
which the breaching party will suffer forfeiture, (4) the likelihood the
breaching party will cure, and (5) the reason for the breach: whether the
breaching party’s failure to perform comports with the standards of good faith
and fair dealing. A breach which is material excuses the non-breaching party
from any further obligation to continue performance and that party may
terminate the contract.
You might also like to view...
The ____ style fuse is designed as a cylindrical tube of insulating material with metal caps on each end.
a. ferrule b. blade-type c. Edison-base d. safety
Floor plans have the dimensions of _____.
a. width and height b. length and width c. length, width, and height d. length and height
All of the following statements are true about plug-in hybrid electric vehicles (PHEVs) EXCEPT:
A. A PHEV does not have a power socket and cannot be recharged by an external electrical source. B. A plug-in hybrid can run for longer distances in full-electric mode than a conventional hybrid. C. A PHEV runs for several miles on battery power before the engine turns on and begins to use fuel. D. On longer trips, a PHEV is like a normal hybrid, using the ICE to provide propulsion.
Consider the user equilibrium assignment and the lowest system cost assignment discussed in section 12.5.2 (Figure 12.17). Zones 1, 2, and 3 represent a company’s warehouses all located on a privately-owned parcel of land. The vehicles shown are delivery trucks rather than passenger cars. Which method of traffic assignment is more appropriate?
What will be an ideal response?