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
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