Contractual Relationships Flashcards

1
Q

Breach of Contract

A

fails to perform a duty without a valid excuse

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2
Q

Injunction

A

An order forcing someone to do something, or refrain from doing something

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3
Q

Expectation Damages

A

the money required to put one party in the position she would have been in had the other side performed the contract

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4
Q

Expectation Interest

A

what the injured party reasonably thought she would get from the contract

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5
Q

Compensatory damages

A

flow directly from the contract. In other words, these are the damages that inevitably result from the breach

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6
Q

Consequential damages

A

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.

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7
Q

Incidental damages

A

relatively minor costs that the injured party suffers when responding to the breach

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8
Q

Reliance Interest

A

This remedy focuses on the time and money the injured party spent performing his part of the agreement.

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9
Q

promissory estoppel

A

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.

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