Term
|
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
|
Definition
expenses that are caused directly by a breach of contract-such as those incurred to obtain performance from another source |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
Definition
generally, to rescind a contract, both parties must make this to each other by returning goods, property, or funds previously conveyed |
|
|
Term
|
Definition
calls for the performance of the act promised in the contract |
|
|
Term
|
Definition
knowing reliquishment of a legal right (that is, the right to require satisfactory and full performance) |
|
|