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CELE SQE1 模拟练习

Examination Timing: 00H00M25S

The owner of a Greek restaurant orders wall tiles that include a border design showing the Greek flag. After the tiles have been fitted, the owner notices that the tiles are decorated with the flag of Uruguay. The owner wants the tiles to be replaced. 


In a claim for breach of contract, which of the following measure of damages is the court most likely to award?

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In cases where there has been a breach of contract resulting in the provision of goods or services that do not conform to the contract, the court is likely to award the "cost of cure" as damages. This measure of damages is intended to cover the cost of rectifying the defect to bring the goods or services into conformity with the contract. In this scenario, the cost of replacing the tiles to ensure they display the Greek flag, as initially agreed, would be the appropriate remedy. 


Key Point: The "cost of cure" measure of damages is used to ensure that the non-breaching party is put in the position they would have been in had the contract been properly performed. This is particularly relevant in cases involving defective goods or services where the primary goal is to achieve the contracted-for outcome.

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