Ch 5- Breach Of Contract And Remedies Flashcards

1
Q

What is meant by a straightforward breach?

A

Straightforward breach is when a party actually fails to comply with a contractural term.

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2
Q

What is meant by an anticipatory breach?

A

When one party gives notice of their intention to not comply with a contractual term.

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3
Q

What action can be taken with respect to an anticipatory breach?

A
  1. Sue immediately on the notice of breach.
  2. Perform contractual obligations and sue for full amount.
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4
Q

What is the nature of damages according to the doctrine of restitution?

A

According to the doctrine of restitution, awarding of damages is said to be compensatory in nature.

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5
Q

What is reliance interest?

A

Reliance interest is a term that specifies circumstances where the innocent party may wish to sue for the lost profits incurred due to breach of contract.

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