Ignoring Question Assumptions
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
- Contracts1
Example wrong choices
14517_tutor-oven · CONTRACTS · Choice ABy entering into the contract with the wedding venue while knowing that his oven was being repaired, Peter assumed the risk of any delay loss to the venue.
Why it's attractive
No contract doctrine treats a party who relies on timely performance as 'assuming the risk' of the other party's breach.
Why it's wrong
No contract doctrine treats a party who relies on timely performance as 'assuming the risk' of the other party's breach.
14517_tutor-oven · CONTRACTS · Choice BIn all probability, the liquidated damages paid by Peter to the venue are not the same amount as the actual damages sustained by the venue in consequence of the late cake delivery.
Why it's attractive
The question tells you to assume the LD clause is valid. Once validity is assumed, the gap between LD and actual damages is irrelevant.
Why it's wrong
The question tells you to assume the LD clause is valid. Once validity is assumed, the gap between LD and actual damages is irrelevant.
14517_tutor-oven · CONTRACTS · Choice DTime was not of the essence in the contract between Peter and Timothy.
Why it's attractive
'Time of the essence' determines whether delay is a material breach. The breach is conceded — the only issue is the amount of damages.
Why it's wrong
'Time of the essence' determines whether delay is a material breach. The breach is conceded — the only issue is the amount of damages.
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