Consequences for Breach of Contract Flashcards

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1
Q

Suit for specific performance

A

Order of court to do promise

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2
Q

Suit for Injunction

A

Order of court prohibiting from doing on act

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3
Q

Ordinary damages

A

To compensate losses arises naturally in usual course of things

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4
Q

Rules of ordinary damages

A

1- Ordinary damages are allowed even not stated in contract
2- Actual loss is allowed as damages

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5
Q

Special Damages

A

To compensate losses likely to result from breach of contract and parties knew

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6
Q

Rules of special damages

A

1- Allowed only if communicated
2- Allowed on the basis of actual loss
(Remote and indirect loss)

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7
Q

Definition of Penalty

A

Parties fix an amount paid on breach of contract

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8
Q

Goods / services not delivered

A
  • Avail other options to minimize loss

1- Ordinary Damages
- For goods = Contract price - Market price (If market price is not given , contract price is equal to market price)
- For services
(Reasonable loss due to breach of contract)

2- Special damages (if communicated at time of contract)
- Cancellation of other contract = Loss of profit + Compensation paid
- Stop of production (loss of normal profit)

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9
Q

Money not delivered

A

Reasonable interest

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