Termination Of Contract Flashcards
What is the intent of damages?
To put the party in the position they would have been in had the contract been performed
Def: severance contract
A contract that provides for payment at various stages of the contractors progress
Can anticipatory breech be implied or does it have to be expressed?
Implied from conduct
Def: a prohibitory injunction
An order that requires a party to refrain from doing a specific act (A negative promise)
Def: A mandatory injection
An order to perform certain acts (positive action)
Def: quantum merit award
Where a party has been prevented from completing their performance but deserves to be paid for partial performance
Def: a specific performance
An award to perform a specific act
Can a clause that excludes liability for negligence ever be void?
Only if unreasonable (death or personal injury)
What is the stator test of reasonableness under contract terms act 1977?
Wether it is fair and reasonable, with regard to all the circumstances
What is the intent of tort?
To put the claimant in the position that the contract never happened
