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Business Law-Chapter 18
Business Law. Chapter Eighteen. Breach of Contract and Remedies.
10
Law
Undergraduate 4
02/19/2014

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Cards

Term

consequential damages

 

Definition
foreseeable damages that result from a party's breach of contract; also known as special damages; caused by special circumstances beyond the contract itself--flow from the results of a breach
Term

incidental damages

 

Definition
expenses that are caused directly by a breach of contract-such as those incurred to obtain performance from another source
Term

liquidated damages

 

Definition
a provision in a contract that specifies that a certain dollar amount is to be paid in the event of a future default or breach of contract
Term
mitigation of damages
Definition
when a breach of contract occurs, the innocent injured party is held to a duty to mitigate, or reduce, the damages that he or she suffers
Term
nominal damages
Definition
when no actual damage or financial loss results from a breach of contract and only a technical injury is involved, these may be awarded
Term
penalty
Definition
specifies a certain amount to be paid in the event of a default of breach of contract and is designed to penalize the breaching party; differs from liquidated damages
Term
reformation
Definition
an equitable remedy used when the parties have imperfectly expressed their agreement in writing; allows a court to rewrite the contract to reflect the parties' true intentions
Term
restitution
Definition
generally, to rescind a contract, both parties must make this to each other by returning goods, property, or funds previously conveyed
Term
specific performance
Definition
calls for the performance of the act promised in the contract
Term
waiver
Definition
knowing reliquishment of a legal right (that is, the right to require satisfactory and full performance)
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