Chapter 14

Cards (11)

  • Anticipatory breach
    An advanced determination that a party will not perform his or her part of the contract when the time for performance arrives.
  • When a party's behaviour or actions implies that he or she will not complete they part of the contract
    Implied repudiation
  • Where a party has comitted a breach of contract has completed almost all obligations, the injured party cannot avoid his/her performance but is entitled to dicounts and damages
    Doctrine of substantial performance
  • Obligations of the injured part to reduce the losses comitted by the breach of contract.
    Mitigation
  • Return for losses that can be naturally expected to flow from a breach of contract; Represents compensation for losses.
    General damages
  • Specific damages that do not otherwise flow normally or naturally from specific breach of contact.
    Specific damages
  • Damages awarded by a court tp punish a wrongdoer.
    Punitive damages
  • An exact amount of money, or a set formula to calculate the amount of money, a party will owe if it breaches a contract, in order to compensate the injured party for its losses. 
    Liquidated damages
  • Fair remedy of the court granted when damages would be not enough.
    Specific performance
  • Fair remedy of the court that orders the person or persons named therein to refrain from doing certain act.
    Injunction
  • “as much as he has earned” remedy that permits person to recover reasonable price for services and/or materials requested
    Quantum meruit