Contractual Relationships Flashcards
Breach of Contract
fails to perform a duty without a valid excuse
Injunction
An order forcing someone to do something, or refrain from doing something
Expectation Damages
the money required to put one party in the position she would have been in had the other side performed the contract
Expectation Interest
what the injured party reasonably thought she would get from the contract
Compensatory damages
flow directly from the contract. In other words, these are the damages that inevitably result from the breach
Consequential damages
those resulting from the unique circumstances of this injured party.
only if the breaching party should have foreseen them when the two sides formed the contract.
Incidental damages
relatively minor costs that the injured party suffers when responding to the breach
Reliance Interest
This remedy focuses on the time and money the injured party spent performing his part of the agreement.
promissory estoppel
A doctrine in which a court may enforce a promise made by the defendant even when there is no contract, if the defendant knew that the plaintiff was likely to rely on the promise, the plaintiff did in fact rely, and enforcement of it is the only way to avoid injustice.