Chapter 9

Question 1

What does Contract Terminated Through Performance mean?

Answer 1

Contract is performed and promises have been fulfilled, but doesn’t mean an end to the relationship, they may choose to continue doing business

Question 2

What is a Vicarious Performance?

Answer 2

Used as a long personal performance is not an express or implied term of contract

Question 3

Can an Employee be sued?

Answer 3

Not if they don’t have direct relation with the other party, they lack privity

Question 4

What is Termination through Agreement?

Answer 4

When they enter a new agreement when the old one is unfavourable for one or both parties

Question 5

What is a Novation?

Answer 5

Substitution of parties or replacement of a new contract

Question 6

What is an Assignment? (transfer of contractual rights)

Answer 6

Transferring right to an assignee, rights can be transferred but not obligations

Question 7

What is Termination by Frustration?

Answer 7

By an unexpected event or change that makes performance functionally impossible or illegal, deals with what happens AFTER, an unforeseen matter that neither party thought would occur, its no ones fault. eg. death

Question 8

What is a Privity of Contract?

Answer 8

Only those that are in a contract can enforce rights and obligations it contains

Question 9

What is a Condition?(breach of contract)

Answer 9

Gives innocent the right to terminate the contract and claim damages

Question 10

What is a Warranty?(breach of contract)

Answer 10

If breached, give innocent party the right to claim damages only

Question 11

What is Innominate Terms? (breach of contract)

Answer 11

Can’t easily be classified as either condition or warranty

Question 12

What is a Fundamental Breach?(breach of contract)

Answer 12

Affect the foundation of the contract, doesn’t matter if there is a limited liability clause

Question 13

What is a Anticipatory Breach?(breach of contract)

Answer 13

Occurs before the date for performance, can sue for breach immediately

Question 14

What are Expectation Damages?

Answer 14

Provide the plaintiff with the monetary equivalent of contractual performance

Question 15

What are Punitive Damages?

Answer 15

Awarded to the plaintiff to punish the defendant for malicious, oppressive, high handed conduct

Question 16

What is the Duty to Mitigate?

Answer 16

Obligation to take reasonable steps to minimize losses resulting from a breach, if they fail to mitigate, award will be reduced

Question 17

What are Equitable Remedies?

Answer 17

Specific Performance: instead of compensation, court orders party who breached to do exactly what contract said

Question 18

What is an Injunction?

Answer 18

Requiring the offender of contract to refrain from continued violation of contract, disallowing the other party from doing certain acts

Question 19

What is Interlocutory Injunction?

Answer 19

An order to refrain from doing something for a limited period of time

Question 20

What are Restitutionary Remedies?

Answer 20

Compensating the plaintiff for something the defendant breach when there is no written enforceable contract, fixes unjust enrichment

Question 21

What is an Unjust Enrichment?

Answer 21

Occurs when 1 party is undeservedly/unjust secured a benefit at the other expense

Question 22

What is Restitutionary Quantum Meruit?

Answer 22

Amount that is reasonable given the benefit that the plaintiff has conferred

Question 23

What is Pay Compensation?

Answer 23

Allowance of money to put plaintiff in as good of position as plaintiff was in prior to conferring the benefit