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Mapa mental

Understanding Terminating

alyssaimani35 Inglês

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Understanding Terminating

  1. Accord and Satisfaction

    • substitute one contract for another
    • Actual Damages
      • Damages DIRECTLY related to breach
      • Anticipation Breach
        • notified that a party to the contract will not fulfill their part of the contract prior to the required time of fulfillment
        • Assignee
          • party to whom right is transferred
          • Assignor
            • party who transfers the right
            • Assignment
              • legally transferring your RIGHTS in a contract
              • Breaching a contact
                • wrongful failure to perform one or more promises in a contract
  2. Compensatory Damages

    • award only for injuries suffered- nothing more
    • Complete Performances
      • all terms have been carried out properly and completely
      • Consequential Damages
        • damages that DO NOT flow directly from the breach
        • Delegation
          • transfer a duty
          • Incidental Damages
            • reasonable expenses that arise INDIRECTLY from breach of contract
            • Injuction
              • court order that prevents a party from performing an act
              • Wrongful Alteration
                • any altering or changing of a contract will discharge parties to the agreement
  3. Liquidated Damages

    • anticipated damages agreed upon prior to contract being signed 
    • Mutual Release
      • each side releases the other side from the contract
      • Nominal Damages
        • award to prove legal injury but no damages caused
        • Punitive Damages
          • damages in excess of losses suffered in order to punish party for breach
          • Satisfactory Performance
            • law requires that services be completed in s satisfactory manner
            • Speculative
              • damages awarded not on fact but on expectations from contract fulfillment
              • Statue of Limitations
                • Individual states have a time limit on lawsuits to be filef
  4. Substantial Performance

    • Slightly less than full performance
    • Tender of Performance
      • offer to perform

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