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 A court will never enforce a liquidated damages clause, as any attempt to discourage breach is void. 

A

True 

B

False 

Which of the following describes liquidated damages?

A

A specific sum payable in the event of a breach of contract

B

A genuine pre-estimate of losses payable in the event of breach of contract

C

A sum equal to the amount of work done plus an element of profit that is payable in the event of a breach of contract

Which of the following statements in relation to damages for breach of contract is correct?

A

In order to claim damages an innocent party is required to take reasonable steps to mitigate their losses

B

Damages are not payable in relation to mental distress

C

Damages to rectify a defect are still payable even if they are wholly disproportionate to the size of the breach

D

Damages in the form of a penalty clause are valid and enforceable

 Which of the following statements is NOT a lawful excuse for failing to perform contractual obligations? 

A

Actual performance is impossible 

B

Both parties agreed to non-performance 

C

 Performing the contract will cause the party concerned financial hardship 

At which point does anticipatory breach of contract occur? 

A

 At the time performance is due 

B

Before the time performance is due 

C

 After the time performance is due 

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