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presets the amount of damages that can be recovered by a non breaching party |
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to lessen damages non breaching parties legal duty |
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true or false contract law uses common law |
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found based upon 2 individuals conduct |
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four requirements for an enforcable contract |
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`1. mutual assent 2. consideration 3. legality 4. capacity |
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contracts that have to be in writing |
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real estate, real property, guarentee preformance of another, contracts that cant be preformed within the year, conversion of goods 500 or more |
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could be void if one party decides it |
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a bargain for exchange of something of value |
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false representation of the material fact made with knowledge of it being false with the intent to deceive someone |
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duress (physical) causes a contract to be _ |
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what monetary damages will a broken contract produce |
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money damages that were incidental and consequential as a result of the breach of contract |
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wen u sue someone for breaking a contract, you are sueing ____ |
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1. to be put in the same position you would be in if the contract was fulfilled
2. Position before you entered the contract
3. Somewhere in the middle |
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determines whether a contract can be within a years time |
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never entered into the contract |
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must have necessary intent |
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you make a promise and someone justifiably relies on that promise/ suffers loss |
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duress (improper threats) causes a contract to be |
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unjust enrichment prevention |
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a party in a contract attempts to limit their liability if they are negligent (laundromat example) |
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if a court determines that someone is incompetent and the court assigns them a guardian, but the incompetent person enters into a contract it is ______ |
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when a minor enters into a contract and the subject matter is deemed to be neccesity it is _____ |
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voidable (not by the minor) |
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when a minor enters into a contract it is _____ |
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injunction (prevent an act) specific preformance (order to preform an act) |
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