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Study sets matching "law breach contract"

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Study sets matching "law breach contract"

22 terms
Law 02- contract - breach
Breach of contract definition
Condition definition
Warranty definition
Actual breach definition
Ocurs when pne party of the contract fails or states that he…
Is a term of the contract that, if not performed, will go to…
Is a minor term or the contract that, if not performed, will…
Occurs either through poor performance of the contract, where…
Breach of contract definition
Ocurs when pne party of the contract fails or states that he…
Condition definition
Is a term of the contract that, if not performed, will go to…
14 terms
Contract Law: Damages for Breach of Contract
Robinson v Harman
British Welthouse v Underground Electr…
Hadley v Baxendale
The Achilleas
default measure of damages- Parke B, damages are aimed to put…
confirmed Robinson v Harman
damages are subject to remoteness, 2 limb test: 1) does the l…
extended the remoteness test in Hadley v Baxendale to include…
Robinson v Harman
default measure of damages- Parke B, damages are aimed to put…
British Welthouse v Underground Electr…
confirmed Robinson v Harman
14 terms
Business Law/Breach in Contract
Cure
Cover
res ipsa loquitor
expectation damages
buyers ability to replace nonconforming goods with goods that…
ability of a buyer to purchase substitute goods in the event…
"the thing itself speaks"... method of establishing a breach of…
designed to give the non breaching party what was "expected"…
Cure
buyers ability to replace nonconforming goods with goods that…
Cover
ability of a buyer to purchase substitute goods in the event…
18 terms
Contract Law: Discharges breach + Remedies
BS&N v Micado Shipping 2001
Poussard v Spiers 1875
Bettini v Gye 1875
Hongkong Fir shipping v Kawasaki kisen…
term will be a condition id expressly provided by statute
singer to ill to attend rehearsals in breach of contract so h…
Singer must attend rehearsals 6 days before performance but w…
innominate term was 'seaworthy' however was understaffed and…
BS&N v Micado Shipping 2001
term will be a condition id expressly provided by statute
Poussard v Spiers 1875
singer to ill to attend rehearsals in breach of contract so h…
18 terms
contract law: discharge, breach remedies
discharge by full performance
de minimis non curat lex
Shipton Anderson v Weil Bros
discharge by agreement
end of contract by completing all in accordance to terms of c…
the law does not concern itself with unimportant/petty matter…
de minimis non curat sample
agreement to discharge/terminate contract
discharge by full performance
end of contract by completing all in accordance to terms of c…
de minimis non curat lex
the law does not concern itself with unimportant/petty matter…
30 terms
Contract Law: Frustration and Termination for Breach
Paradine v Jane
Hall v Wright
Bank Line Ltd v Arthur Capel & Co
Taylor v Caldwell
Absolute contracts - there was no excuse for not performing y…
a painter employed to paint a picture who is struck blind
"Frustration is excluded... if the clause addresses fully the…
(Impossibility)Blackburn J further reasoned that the continue…
Paradine v Jane
Absolute contracts - there was no excuse for not performing y…
Hall v Wright
a painter employed to paint a picture who is struck blind
16 terms
Business Law- Breach of Contract and Marriage
Breach of contract
Remedy
Rescission
Restitution
failure to complete contractual obligations
ways to enforce, cancel a contract or get damages for an injury
cancelling a contract
places the parties in the position they would have been had t…
Breach of contract
failure to complete contractual obligations
Remedy
ways to enforce, cancel a contract or get damages for an injury
19 terms
Contract Law: Performance, Breach, and Remedies
Discharge of Obligation
A Party May Be Discharged from a Valid…
Complete Performance
Substantial Performance
Performance or breach, timing issue, impossibility and commer…
A condition in the contract, full performance or material bre…
Exactly as agreed upon. Did everything perfectly. Not an issu…
Good faith effort and important and essential benefits confer…
Discharge of Obligation
Performance or breach, timing issue, impossibility and commer…
A Party May Be Discharged from a Valid…
A condition in the contract, full performance or material bre…
15 terms
K Law Final (breach of contract)
what is a breach of contract?
when someone has breached a contract,…
what are damages?
what is reformation?
the failure to act or perform under the terms of the agreement
seek remedies from a court such as damages, reformation, resc…
monetary damages to compensate for the loss of the bargain
it allows the court to keep a contract intact but with modifi…
what is a breach of contract?
the failure to act or perform under the terms of the agreement
when someone has breached a contract,…
seek remedies from a court such as damages, reformation, resc…
24 terms
Business Law Chapter 16: Breach of Contract and Remedies:
Breach of Contract
Complete Performance (strict performan…
Tender of Performance (tender)
Substantial Performance
A situation that occurs if one or both of the parties do not…
A situation in which a party to a contract renders performanc…
An unconditional and absolute offer by a contracting party to…
Performance by a contracting party that deviates only slightl…
Breach of Contract
A situation that occurs if one or both of the parties do not…
Complete Performance (strict performan…
A situation in which a party to a contract renders performanc…
20 terms
Contract Law. Performance and Breach. Chapter 14
Cutter v Powell (1795)
Hoenig v Isaacs (1952) CA
Sumpter v Hedges (1898) CA
Treitel (2011)
Entire obligation rule.... Cutter contracted with Powell to be…
Entire obligation rule. Exception. Substantial performance.…
Entire obligation rule. There is no payment when the party ha…
Definintion of breach of contract... A breach of contract is co…
Cutter v Powell (1795)
Entire obligation rule.... Cutter contracted with Powell to be…
Hoenig v Isaacs (1952) CA
Entire obligation rule. Exception. Substantial performance.…
9 terms
Contract Law Chapter 9: Breach and Remedies
Remedies
Monetary Damages
Compensatory Damages
General Damages (non-economic )
breadth of possibilities that a court might impose on the par…
courts attempt to compensate a party for harm suffered as a r…
the amount of money necessary to make up for economic loss ca…
include compensation for pain, suffering, mental anguish, dis…
Remedies
breadth of possibilities that a court might impose on the par…
Monetary Damages
courts attempt to compensate a party for harm suffered as a r…
20 terms
law chp 10 Contract Performance, Breach, Remedies
anticipatory repudiation
bilateral mistake
breach of contract
commercial impracticability
An assertion or action bu a party indicating that he or she w…
A mutual misunderstanding concerning a basic assumption on wh…
The failure, without legal excuse, of a promisor to perform t…
A doctrine under which a seller may be excused from performin…
anticipatory repudiation
An assertion or action bu a party indicating that he or she w…
bilateral mistake
A mutual misunderstanding concerning a basic assumption on wh…
21 terms
Com Law Ch.13 (breach of contract)
contract is discharged only if..
how does a breach occur?
express repudiation
acts that make performance impossible
-entire contract is breached... -an essential term of the contra…
-express repudiation... -by acts that make performance impossibl…
-stated intention not to perform
deliberate or negligent act makes performance impossible
contract is discharged only if..
-entire contract is breached... -an essential term of the contra…
how does a breach occur?
-express repudiation... -by acts that make performance impossibl…
25 terms
Business Law Chapter 16: Breach of Contract and Remedies
Breach of Contract
Complete Performance (Strict Performan…
Tender of Performance (Tender)
Substantial Performance
A situation that occurs if one or both of the parties do not…
A situation in which a party to a contract renders performanc…
An unconditional and absolute offer by a contracting party to…
Performance by a contracting party that deviates only slightl…
Breach of Contract
A situation that occurs if one or both of the parties do not…
Complete Performance (Strict Performan…
A situation in which a party to a contract renders performanc…
38 terms
Law&Econ: Chapter 5: Breach of Contract
Contracts are helpful when:
Three Reasons to Use Contracts
Contracts coordinate actions w multipl…
Contracts implement exchanges that dep…
temporary element ... performance sequential
1. coordinate actions w multiple equilibria ... 2. implement exc…
coordinate actions when multiple equilibria/ possibilities... ex…
first party guarantee payment from second party ... or take care…
Contracts are helpful when:
temporary element ... performance sequential
Three Reasons to Use Contracts
1. coordinate actions w multiple equilibria ... 2. implement exc…
28 terms
Business Law Chapter 16 Breach of Contract and Remedies
Breach of contract
Complete performance (strict performan…
Tender of performance (tender)
Substantial performance
A situation that occurs if one or both of the parties do not…
A situation in which a party to a contract renders performanc…
An unconditional and absolute offer by a contracting party to…
Performance by a contracting party that deviates only slightl…
Breach of contract
A situation that occurs if one or both of the parties do not…
Complete performance (strict performan…
A situation in which a party to a contract renders performanc…
57 terms
Business Law Chapter 10 - Performance and Breach of Contracts
Genuineness of Assent
Unilateral Mistake
Mutual mistake of a material fact
Material Fact
Requirement that a party's assent to a contract be genuine
Only one party is mistaken about a material fact regarding th…
Made by both parties concerning a material fact that is impor…
Fact that is important to the subject matter of a contract
Genuineness of Assent
Requirement that a party's assent to a contract be genuine
Unilateral Mistake
Only one party is mistaken about a material fact regarding th…
30 terms
Chapter 5 the law of contract - performance and breach
Precisely
Discrepancy
Plead
Divisible
Exactly.
A difference especially between things that should be the same.
Make an emotional appeal.
Capable of being divided.
Precisely
Exactly.
Discrepancy
A difference especially between things that should be the same.
20 terms
Business Law Chapter 19 (breach and contract remedies)
remedy at law
damages
compensatory damages
consequential damages/special damages
remedy at law normally is monetary damages
compensate the nonbreaching party for the loss of the bargain…
-STANDARD MEASURE... The standard measure of compensatory damage…
Special damages that compensate for a loss that is not direct…
remedy at law
remedy at law normally is monetary damages
damages
compensate the nonbreaching party for the loss of the bargain…
10 terms
Business Law- Chapter 18: Breach of Contract & Remedies
Consequential damages
Incidental damages
Liquidated damages
Mitigation of damages
Special damages that compensate for a loss that is not direct…
Expenses that are caused directly by a breach of contract, su…
An amount, stipulated in the contract, that the parties to a…
A rule requiring a plaintiff to have done whatever was reason…
Consequential damages
Special damages that compensate for a loss that is not direct…
Incidental damages
Expenses that are caused directly by a breach of contract, su…
14 terms
Florida Contract Law - Repudiation or Breach / Damages
What is a repudiation?
Repudiation: Demand for Adequate Assur…
Parol-Evidence Rule
Parol Evidence Rule: Test for parties…
1. A repudiation is when the defendant indicates through word…
Under the UCC a merchant can demand adequate assurance of per…
An oral or written promise or agreement is rendered unenforce…
A reasonable person would believe the parties intended the in…
What is a repudiation?
1. A repudiation is when the defendant indicates through word…
Repudiation: Demand for Adequate Assur…
Under the UCC a merchant can demand adequate assurance of per…
45 terms
Variation, Breach and Termination of Contract [Employment Law UK]
Harlow v Artemis [2008] ... [Variation]
Societe General v Geys [2013]... [Variati…
Variation ... [Remedies]
Breach of Contract ... [Remedies]
High Court: Where unilateral contractual changes do not immed…
SC: The er's repudiation does not automatically terminate a c…
Upon repudiatory conduct by the er, ee has the choice of affi…
Will depend on whether the breach is minor/major, but general…
Harlow v Artemis [2008] ... [Variation]
High Court: Where unilateral contractual changes do not immed…
Societe General v Geys [2013]... [Variati…
SC: The er's repudiation does not automatically terminate a c…
20 terms
Business Law Ch. 20 Breach of contract and remedies
breach
anticipatory breach
anticipatory repudiation
waiver
failure to act of perform in the manner called for by the con…
when a party to a contract repudiates (reneges on) his/her ob…
when a party positively states that he/she will not perform t…
release or relinquishment of a known right or objective
breach
failure to act of perform in the manner called for by the con…
anticipatory breach
when a party to a contract repudiates (reneges on) his/her ob…
26 terms
Business Law Ch. 20 - Breach of Contracts and Remedies
breach
Breach of contract:
Law = Damages
K = Law - Breached = Damages = $$
failure to act or perform in the manner called for in a contr…
-Material (major) breach: breaks the contract and gives rise…
Equity = Remedies
Quasi-K = Equity - Unjust enrichment = Remedy
breach
failure to act or perform in the manner called for in a contr…
Breach of contract:
-Material (major) breach: breaks the contract and gives rise…
51 terms
Business Law: Chapter 19 (Breach of Contract/Damages)
compensatory, consequential, punitive,…
cover direct losses & costs
directly from the loss of the bargain…
difference between the value of the br…
types of damages
compensatory damages
compensatory damages proved to have arisen...
standard measure of compensatory damages
compensatory, consequential, punitive,…
types of damages
cover direct losses & costs
compensatory damages
24 terms
Business Law Chapter 16: Breach of Contract and Remedies
Breach of Contract
Complete Performance (Strict Performan…
Tender of Performance (Tender)
Substantial Performance
A situation that occurs if one or both of the parties do not…
A situation in which a party to a contract renders performanc…
An unconditional and absolute offer by a contracting party to…
Performance by a contracting party that deviates only slightl…
Breach of Contract
A situation that occurs if one or both of the parties do not…
Complete Performance (Strict Performan…
A situation in which a party to a contract renders performanc…
33 terms
Business Law Chapter 16 Breach of Contract and Remedies
Breach of contract
Types of performances
Complete performance
Tender of performance
if one or both of the parties do not perform their duties as…
- complete performance (strict performance)... - substantial per…
party to a contract renders performance exactly as required b…
unconditional and absolute offer by a contracting party to pe…
Breach of contract
if one or both of the parties do not perform their duties as…
Types of performances
- complete performance (strict performance)... - substantial per…
32 terms
BUS LAW- Ch 17 Breach of Contract and Remedies
Damages
Types of Damages
Compensatory Damages
Compensatory Damages - Standard Measure
Damages compensate a non breaching parry for the loss of a ba…
1) Compensatory Damages... 2) Consequential Damages... 3) Punitive…
These damages compensate a party for the LOSS of a bargain.
Measurement of compensatory damages vary by type of contract.…
Damages
Damages compensate a non breaching parry for the loss of a ba…
Types of Damages
1) Compensatory Damages... 2) Consequential Damages... 3) Punitive…
15 terms
Law 101- Chapter 20 Breach of Contract & Remedies
Anticipatory Breach
Anticipatory Repudiation
Breach
Compensatory Damages
Promisor's repudiation of a contract before the performance i…
Repudiation made in advance of the time for performance of th…
Failure to act or perform in the manner called for by the con…
Sum of money that will compensate an injured plaintiff for ac…
Anticipatory Breach
Promisor's repudiation of a contract before the performance i…
Anticipatory Repudiation
Repudiation made in advance of the time for performance of th…
14 terms
Law Final - Contract Performance, Breach, and Remedies
complete performance
doctrine of substantial performance
material breach
"time is of the essence"
when a party's performance is perfect, it is said to be compl…
a party who in good faith performs substantially all the term…
when a performance is not substantial and there is this kind…
when included in a contract, this means that the time element…
complete performance
when a party's performance is perfect, it is said to be compl…
doctrine of substantial performance
a party who in good faith performs substantially all the term…
26 terms
Business Law Ch. 16 (Breach of Contract and Remedies)
Breach of Contract
Types of Performances
Complete Performance
Tender of Performance
if one/both parties do not perform their duties as specified…
1. complete/strict performance... 2. substantial performance (mi…
party to a contract renders performance exactly as required
unconditional and absolute offer by a contracting party to pe…
Breach of Contract
if one/both parties do not perform their duties as specified…
Types of Performances
1. complete/strict performance... 2. substantial performance (mi…
Business Law 10- Contract Performance, Breach, and Remedies
Voluntary Consent
Unilateral Mistake
Bilateral Mistake
Discharge
genuinely agreeing to the terms (of a valid contract)
mistake made by only one of the parties
"mutual misunderstanding concerning a basic assumption on whi…
terminate ones contractual duties
Voluntary Consent
genuinely agreeing to the terms (of a valid contract)
Unilateral Mistake
mistake made by only one of the parties
16 terms
Business Law- Test #3 Breaching & Discharging Contract
Material Breach of Contract
Time is of the Essence Letter
Anticipitory Breach
Discharge by Agreement
non breaching party can resend and sue for damages ... Ex.) (Mi…
the party who didn't close by the closing date has to issue a…
before either party has a duty to perform, one refuses to per…
both parties agree to resind the agreement, still need all el…
Material Breach of Contract
non breaching party can resend and sue for damages ... Ex.) (Mi…
Time is of the Essence Letter
the party who didn't close by the closing date has to issue a…
9 terms
B-law Ch. 19 - Breach of Contract and Remedies
Damages
Types of Damages:
1. Compensatory
2. Consequential
(normally monetary) - puts person in same place would have be…
...
Cover direct loss and cost
Cover indirect and forseeable loses
Damages
(normally monetary) - puts person in same place would have be…
Types of Damages:
...
23 terms
Business Law: Ch. 19 Breach of Contract and Remedies
Most common remedies
Consequential damages
Incidental damages
liquidated damages
Damages... Rescission and Restitution... Specific Performance... Refor…
Special - foreseeable losses... Breaching party is aware or shou…
Expenses caused directly by breach of contract
Specific amount agreed to be paid as damages in the event of…
Most common remedies
Damages... Rescission and Restitution... Specific Performance... Refor…
Consequential damages
Special - foreseeable losses... Breaching party is aware or shou…
58 terms
Bus Law Ch 17- Contracts: Breach and Remedies
breach
remedy
damages, rescission, restitution, spec…
remedies at law, remedies in equity (e…
party may choose to do this when it is no longer advantageous…
one of several can be chosen by alternate party if one party…
most common remedies available to nonbreaching party under co…
2 types of remedies courts need to distinguish between
breach
party may choose to do this when it is no longer advantageous…
remedy
one of several can be chosen by alternate party if one party…
19 terms
Contract law ppts. Discharge Breach and Remedies B
claims for loss of profits - factors t…
Net Profit
Causation
C & P Haulage v Middleton [1983]
Method of calculation... Saved expenses... Further general conside…
...
...
...
claims for loss of profits - factors t…
Method of calculation... Saved expenses... Further general conside…
Net Profit
...
Business law chap 10 Performance and Breach Contracts.
Assent
Genuineness assent
Unilateral Mistake
Ex: Unilateral Mistake
the expression of approval or agreement.Voluntary assent by t…
The requirement that a party's assent to a contract be genuin…
A mistake in which only 1 party is mistaken about a material…
If a buyer contracts to purchase a new automobile while think…
Assent
the expression of approval or agreement.Voluntary assent by t…
Genuineness assent
The requirement that a party's assent to a contract be genuin…
32 terms
Breach contract
appear
occur
advantageous
willing
появиться
происходить, встречаться, иметь место
выгодный, полезный
готовый, готовность
appear
появиться
occur
происходить, встречаться, иметь место
8 terms
BREACH OF CONTRACT-Anticipatory Breach
Truman L. Flatt
o Rstmt: §§250
o Rstmt: §§251
o Rstmt: §§253
...
...
...
...
Truman L. Flatt
...
o Rstmt: §§250
...
8 terms
Law Chapter 3 Contracts: From Formation to Breach
What 5 conditions must every contract…
What is Contra Proferentum?
What is the Spearin Doctrine?
What is the Plain Meaning Rule?
1 - Agreement, mutual assent... 2 - Consideration, promises are…
"against the one who puts it forward" (meaning drafter of the…
Owner warrants information, specifications, and plans which t…
The plain meaning rule dictates that statutes are to be inter…
What 5 conditions must every contract…
1 - Agreement, mutual assent... 2 - Consideration, promises are…
What is Contra Proferentum?
"against the one who puts it forward" (meaning drafter of the…
12 terms
Laws Chapter 19 Breach of Contract and Remedies
Damages
Types of damages
Incidental Damages
Punitive Damages
a breach of contract entitles the non-breaching party to sue…
1. compensatory (covers direct losses, costs) 2. Consequentia…
expenses incurred by breach of contract , expenses incurred t…
are generally not awarded in breach of contract, they have no…
Damages
a breach of contract entitles the non-breaching party to sue…
Types of damages
1. compensatory (covers direct losses, costs) 2. Consequentia…
28 terms
breach of contract and remedies for breach
types of breach
requirement for mora debitoris
mora ex re
mora ex persona
mora debitoris, mora creditors, positive malperformance, repu…
Performance must be due (and possible) and Obligation must be…
when the date has passed and the debtor has not yet performed
when creditor demands(put debtor in more), but still does not…
types of breach
mora debitoris, mora creditors, positive malperformance, repu…
requirement for mora debitoris
Performance must be due (and possible) and Obligation must be…
40 terms
Breach of contract (termination for breach)
What is a breach?
Two types of breach:
Is there a de minimis?
What effect will a small breach have?
...
Actual... Anticipatory
No: any failure to comply with the terms is a breach
Reflection in damages
What is a breach?
...
Two types of breach:
Actual... Anticipatory
15 terms
Bus Law Ch.16 Breach of Contracts and Remedies
Complete Peroformance
Substantial Performance
Inferior Performance
Anticipatory breach
Strict performance... or... Tender of Performance
Minor breach and nonbreaching party may recover damages
Material Breach that impairs or destroys the essence of the c…
A material breach where contracting party informs the other p…
Complete Peroformance
Strict performance... or... Tender of Performance
Substantial Performance
Minor breach and nonbreaching party may recover damages
11 terms
Breach of Contract
Breach
Conditions
Repudiate and sue immediately
Poussard V Spires
Where a party does not fulfil their side of the contract in p…
Where the most important term of the contract is breached
Condition entitles party to
Opera Singer failed to appear in performance- promoter can en…
Breach
Where a party does not fulfil their side of the contract in p…
Conditions
Where the most important term of the contract is breached
Breach of Contract
Negotiated Settlement (form of ADR)
Arbitration (form of ADR)
Compensatory Damages
Consequential Damages
settlement solved between the parties through voluntary negot…
the parties decide to abide by the neutral third party decision
court awarded damages to put the plaintiff in the same positi…
court awarded damages arising from unusual losses which the p…
Negotiated Settlement (form of ADR)
settlement solved between the parties through voluntary negot…
Arbitration (form of ADR)
the parties decide to abide by the neutral third party decision
5 terms
Breach of Contract
Complete Performance
Substantial Performance
Slight Breach
Material Breach
performance is within bounds of reasonable expectations; NO b…
slightly below expectations (wall is off by a few inches)
promise must perform, but can deduct damages
less than substantial performance (house not habitable- buyer…
Complete Performance
performance is within bounds of reasonable expectations; NO b…
Substantial Performance
slightly below expectations (wall is off by a few inches)
19 terms
Breach of Contract
2 general methods of dealing with a br…
what constitutes a breach?
specific implement... cumulative judicia…
Mutuality of contract
court - costly... self-help remedy/defence remedy... -- retention…
non-compliance/refusal to perform... defective goods/service... non…
where u claim for additional damages - cannot do so when you…
where you either both comply or if one doesn't you do not hav…
2 general methods of dealing with a br…
court - costly... self-help remedy/defence remedy... -- retention…
what constitutes a breach?
non-compliance/refusal to perform... defective goods/service... non…
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