R5 - M2 - Contracts: Part 2

<MCQ>

 

1. #02293: Service contract -> Common Law of contracts. A contract modification is treated like a separate contract and requires consideration. Nevertheless, proof of the modification would be admissible into evidence. The parol evidence rule does not prohibit introduction of evidence of subsequent agreements, such as modification here.
2. #05542: Specific performance is not available to enforce a contract of employment, at least not in an ction by the meployer <-나는 당연히 employer에 대해서 고용 재개하라는 법원 명령으로 받아들였음. 하지만 "a contract of employment"만 가지고는 employer에 대한 것인지, employee에 대한 것인지 명확하지 않다는 점을 깨달았음. 정답은 a contract for the sale of a patent. Specific performance 는 generally available only in contracts for unique or rare property. A patent, by definition, is unique.
3. #11103: A condition of satisfaction is  legitimate contract condition. If the person who must be satisfied is genuinely dissatisfied in good faith, that would be a substanstial breah rather than substantial performance and would discharge the contract.
4. #01340: rescission vs. revocation
   1. Rescission "undoes" a contract and restores the parties to the positions they would have been in if no contract was made
   2. Revocation refers to the withdrawal of an offer. A contract may not be revoked
5. #04089: A liquidated damage
   1. A liquidated damange clause is enforceable if the amount is (1) reasonable in relation to the actual harm done, and (2) not a penalty. 
   2. 집주인이 방세가 밀린 것으로 인하여 구체적으로 어떤 피해가 얼마나 발생했는지 특정학하기 어려우므로 실제 일일 방세보다 큰 금액을 벌금 형태로 추가 징구할 수 없다
   3.