Ch 16 Flashcards

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1
Q

Specific performance

A

292-93
a remedy that orders the breaching party to perform the acts promised in the contract. specific performance is usually awarded in cases in which the subject matter is unique, such as in contracts involving land, heirlooms, and paintings

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2
Q

Specific performance

A

292-93

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3
Q

Specific performance

A

292-93

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4
Q

Mititgation of damages

A

289
Nonbreaching party’s legal duty to avoid or reduce damages caused by a beach of contract

job was terminated before 3 yr contract ended, went to work for a different company but salary was less. he can sue prior company to recover the money.

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5
Q

Liquidated damages

A

290
damages that parties to a contract agree in advance should be paid if the contract is breached

stating if tenet from rent to own does not pay for 3 months then all furniture bought from there can be taken away. this is an example of liquidated damages clauses that is a penalty and that would bit be enforced

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6
Q

Liquidated damages

A

290

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7
Q

Nominal damages

A

289
damages awarded when the nonbreaching party sues the breaching party even though no financial loss has resulted from the breach. nominal damages are usually $1 or some other small amount

most courts disfavor nominal damages lawsuits because they use valuable court time and resources.

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8
Q

Nominal damages

A

289

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9
Q

Injunction

A

294
a court order that prohibits a person from doing a certain act.

a professional basketball player cannot play for another team

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