Breach Vs Damages
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
22051_lydia_dyeworks · REAL_PROPERTY · Choice ANothing, since there has been no breach of the covenant.
Why it's attractive
Asserts 'no breach' though a mortgage encumbered the title on the delivery date — a present covenant breaks at delivery.
Why it's wrong
Asserts 'no breach' though a mortgage encumbered the title on the delivery date — a present covenant breaks at delivery.
22051_lydia_dyeworks · REAL_PROPERTY · Choice CRescission of the deed, since the covenant was breached at the time the deed was delivered.
Why it's attractive
Correctly states breach-at-delivery but pairs it with rescission; a covenant breach is paid in damages, not by unwinding the deed.
Why it's wrong
Correctly states breach-at-delivery but pairs it with rescission; a covenant breach is paid in damages, not by unwinding the deed.
22051_lydia_dyeworks · REAL_PROPERTY · Choice DDamages for breach of contract, since the covenant was breached at the time the contract was made.
Why it's attractive
The covenant sued on lives in the deed (delivered November); it could not be breached at the September contract — the timeline contradicts the reason.
Why it's wrong
The covenant sued on lives in the deed (delivered November); it could not be breached at the September contract — the timeline contradicts the reason.
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