Explore tens of thousands of sets crafted by our community.
Contract Breach Remedies
20
Flashcards
0/20
Anticipatory Repudiation
Occurs when one party indicates they will not perform their contractual duties before the performance is due. The other party may seek remedies as if the contract had already been breached, implicating a swifter resolution.
Foreseeability
Legal principle requiring that damages arising from a contract breach must have been reasonably foreseen by the parties at the time the contract was made. This affects the type and extent of damages that may be awarded.
Expectation Damages
Compensation awarded based on what the non-breaching party reasonably expected to gain from the contract were it properly performed. Implication is to give the benefit of the bargain the non-breaching party anticipated.
Equitable Relief
Non-monetary remedies, such as specific performance or injunction, imposed by a court when monetary damages are not adequate to resolve the harm caused. Implication is to provide justice when money alone cannot solve the issue.
Reliance Damages
Compensation awarded to reimburse a party for expenses or losses incurred by relying on the contract that was breached. Its implication is to put the injured party in the position they would have been in had the contract never been made.
Rescission
A legal remedy nullifying a contract and reverting the parties to the positions they held before the contract was made. Implication is to treat the contract as if it never existed, often used in cases of misrepresentation or fraud.
Punitive Damages
Damages exceeding simple compensation and awarded to punish the defendant. Implication is to serve as a deterrent for particularly willful, malicious, or fraudulent breaches of contract.
Mitigation of Damages
Duty of the non-breaching party to take reasonable action to minimize the damages caused by breach of contract. Implication is to not inflate damages by failing to reduce losses that could reasonably be avoided.
Liquidated Damages
Damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach. Implication is to provide a pre-agreed estimate of compensation for specific breaches, reducing litigation costs.
Specific Performance
A court decree ordering the breaching party to perform as agreed in the contract. Its implication is that it’s often reserved for situations where monetary compensation is inadequate to repair the harm caused by the breach, such as in the case of unique goods.
Consequential Damages
Financial compensation for losses not directly caused by the breach but are a foreseeable result of the breach. Implication is to cover losses other than the direct contract value, provided they were foreseeable at the time the contract was made.
Compensatory Damages
Financial compensation to cover a plaintiff’s losses directly resulting from the breach of contract. Its implication is to restore the injured party to the position they would have been in had the breach not occurred.
Injunction
A court order for the breaching party to cease a certain action or conduct. Implication often involves prevention of irreparable harm that monetary damages cannot address, particularly in cases of intellectual property or trade secrets.
Attorney's Fees
A remedy where the breaching party is ordered to pay the non-breaching party's legal costs. Implication is often pursuant to a contractual provision or a statute that allows recovery of such fees.
Benefit-of-the-Bargain Damages
Damages designed to give the injured party the monetary equivalent of the benefit they would have received had the contract been performed. Implication is to enforce the expectation interest of the non-breaching party.
Nominal Damages
A small amount of money awarded when a breach occurred, but the non-breaching party did not suffer any actual loss. Implication is to recognize that a legal wrong has occurred.
Reformation
The process of amending the contract to accurately reflect the true intentions of the parties. Its implication is notably used in cases where there was a mutual mistake or fraud in the terms of the contract.
Quantum Meruit
A remedy allowing recovery of the value of work performed, when there is no existing contract or the contract is unenforceable. Its implication is to prevent unjust enrichment by requiring payment for services rendered.
Restitution
A remedy that involves the return of a specific property or money to its rightful owner when a contract is breached. Implication is to restore the non-breaching party to the position they were in before the contract was formed.
Liquidated Damages Clause
A contractual provision specifying a predetermined amount of damages to be paid if the contract is breached. The implication is to simplify damages calculation and provide certainty, but must not be punitive in nature.
© Hypatia.Tech. 2024 All rights reserved.