ContractsIntermediateDelaware Exam
Under Delaware contract law, which party typically has the burden of proof in a breach of contract case?
AThe defendant
BThe plaintiff (the non-breaching party claiming damages)Correct
CThe escrow company
DThe real estate commission
Why The plaintiff (the non-breaching party claiming damages) Is Correct
Answer B: The plaintiff (the non-breaching party claiming damages)
In a breach of contract case, the plaintiff (the party claiming breach occurred) bears the burden of proving by a preponderance of evidence that the contract existed, the defendant breached it, and damages resulted.
Exam Tip: Contracts
Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.
Key Contracts Terms in This Question
Related Delaware Contracts Questions
- Which clause in a Delaware purchase contract allows the buyer to withdraw if they cannot obtain financing?Contracts
- Which listing type is most beneficial to the listing broker?Contracts
- A contingency clause in a Delaware purchase agreement allows:Contracts
- What is a 'liquidated damages' clause in a Delaware real estate purchase agreement?Contracts
- If a buyer makes an offer with an expiration time and the seller counters after the deadline, the buyer:Contracts
- What is 'unconscionability' in Delaware contract law?Contracts
- What is a 'kick-out clause' in a Delaware real estate contract?Contracts
- A bilateral contract in real estate is one where:Contracts
Practice More Delaware Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Delaware Quiz →