Chapter 11

Question 1

repudiation of contract:

Answer 1

A breach of contract that demonstrates an intention by the party to treat the contract as at an end and no longer be bound by the contract

Question 2

duty to mitigate:

Answer 2

A court-imposed obligation on the victim of a breach of contract by the other party to make reasonable efforts to limit the amount of damages suffered as a consequence of the breach

Question 3

unconscionability doctrine:

Answer 3

A contract or contract term that a court refuses to enforce because it is a result of inequality of bargaining power that was exploited by the more powerful party to obtain a contract that is substantially unfair considering community standards of commercial morality .

Question 4

changed substratum doctrine:

Answer 4

A legal doctrine in employment law in which an employee’s job responsibilities have changed so substantially from the time the original contract was executed that the courts rule the original “substratum” of the contract has ceased to exist . In this case, the court may refuse to enforce a contract term in the original contract

Question 5

mandatory retirement:

Answer 5

A legal rule in a statute or contract that terminates an employment contract upon the employee reaching a specified age