Colorado Law and Practice Course Practice Exam – Prep & Study Guide

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Which of the following is NOT a way to remedy a breach of contract?

Sue for specific performance

Accept partial performance

Unilaterally rescind

Enforce the original agreement without changes

The option that indicates a method that is NOT a way to remedy a breach of contract is enforce the original agreement without changes. This is because, in the event of a breach, the non-breaching party cannot simply insist on adhering to the original terms without addressing the implications of the breach. Remedies for breaches typically involve some form of modification or compensation to mitigate the impact of the breach.

When a contract is breached, the non-breaching party is usually focused on obtaining relief through specific performance, where the court orders the breaching party to fulfill their contractual obligations, or by accepting partial performance, acknowledging the efforts made by the breaching party. Additionally, the option to unilaterally rescind the contract allows the non-breaching party to cancel the contract entirely, relieving them of any further obligations under it. These remedies address the circumstances arising from the breach rather than merely insisting on the original, unaltered agreement, which does not adequately resolve the issues created by the breach.

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