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.
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.
3
Q
What action can be taken with respect to an anticipatory breach?
A
- Sue immediately on the notice of breach.
- Perform contractual obligations and sue for full amount.
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.
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.