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Multiple Choice

Which of the following is NOT listed as a remedy for breach of contract?

Remedies for breach of contract are about what a party can obtain to make up for the failure to perform or to compel performance. Typical remedies include damages to compensate the injured party, specific performance to enforce the contract, and, in some cases, rescission and restitution or injunction. Consideration is not a remedy. It’s about the formation of the contract: each party must exchange something of value for the agreement to be enforceable. It’s an element used to determine whether a contract exists, not a tool for addressing a breach. So while the other terms touch on formation or other areas (settlor relates to trusts, intent relates to forming contracts, and assets can be involved in satisfaction of judgments), consideration does not function as a remedy.

Remedies for breach of contract are about what a party can obtain to make up for the failure to perform or to compel performance. Typical remedies include damages to compensate the injured party, specific performance to enforce the contract, and, in some cases, rescission and restitution or injunction.

Consideration is not a remedy. It’s about the formation of the contract: each party must exchange something of value for the agreement to be enforceable. It’s an element used to determine whether a contract exists, not a tool for addressing a breach. So while the other terms touch on formation or other areas (settlor relates to trusts, intent relates to forming contracts, and assets can be involved in satisfaction of judgments), consideration does not function as a remedy.