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Which of the following is incorrect in relation to the remedy of damages?
Suggested Answer: D
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12 comments · newest first
GA
Gail
2 months ago
I feel like C is tricky. Penalty clauses can be enforced in some cases.
TY
Tyisha
2 months ago
I agree, B doesn't make sense. Creditors still need to prove loss.
MA
Makeda
2 months ago
I think option B is incorrect. Mitigation is always relevant.
LU
Ludivina
3 months ago
A creditor can recover an agreed debt regardless of mitigation.
GL
Gladys
3 months ago
Wait, can you really not claim damages for personal services? That seems odd.
SH
Shonda
3 months ago
Mitigation is super important for recovering damages!
KR
Kris
3 months ago
I disagree with D; damages can be claimed in some cases.
NA
Nana
3 months ago
A penalty clause really can't be enforced, that's true.
AZ
Azalee
3 months ago
D sounds familiar, but I can't recall if damages can be claimed for personal services; I need to think about that one more.
EV
Evelynn
4 months ago
I feel like we had a practice question about penalty clauses, and I think C is true because they can't be enforced.
JA
Jacqueline
4 months ago
I'm not entirely sure, but I think B might be tricky since it mentions remoteness, which we've covered in class.
CA
Carma
4 months ago
I remember discussing how a victim must mitigate their losses to recover damages, so A seems correct.