Termination_Damages Flashcards
- What is contractual liability?
o The debtor’s obligation to repair damage caused by non-performance or improper performance of a contract.
- What are the conditions for contractual liability?
o Valid contract, illegal act, damage, causal connection, and debtor’s fault
- What is the principle of pacta sunt servanda?
o Parties must fulfill contractual obligations.
- What is a claim for performance?
o The creditor demands the debtor fulfill their contractual obligations
- What is specific performance?
o A court-ordered fulfillment of contractual duties, common in civil law but rare in common law.
- What is termination of a contract?
o Ending a contract, relieving parties from future obligations
- What is exceptio non adimpleti contractus?
o A defense where a party refuses performance if the other party has not fulfilled their obligations.
- What are the types of damages in contracts?
o Compensatory, punitive, liquidated, and moral damages
- What is anticipatory breach?
o When it is clear a party will not perform before the due date, allowing termination.
- What is judicial termination?
o Court-ordered termination due to non-performance
- What is unilateral termination?
o One party ends the contract without court intervention, under certain conditions.
- What is the retroactive effect of termination in Romania?
o Obligations are undone as if the contract never existed.
- What is the difference between instantaneous and successive performance contracts?
o Instantaneous: obligations are performed immediately; successive: obligations occur over time.
- What is moral injury in contract law?
o Harm to a person’s dignity, reputation, or physical integrity.
- What is a resolutive clause?
o A contractual clause that provides for termination upon non-performance.
- How is causation assessed in damages?
o The harm must directly result from the breach.
- What is liquidated damages?
o Pre-agreed compensation for breach of contract.
- What does the Romanian Civil Code state about damages?
o Damages compensate for harm caused by non-performance or delayed performance.
- What is an alternative remedy to termination?
o Claiming damages while insisting on performance.
- What is the creditor’s right in cases of delayed payment?
o They can claim punitive damages as compensation.
