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12 Cards in this Set

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  • Back
  • 3rd side (hint)

Discharge of Contract

1) Agreement


2) Performance


3) Impossibility of Performance


4) Operation of Law


5) Breach of Contract

5 ways


A
P
I
O
B

3 Types of Agreement

1) Waiver


2) Substitution


3) Provision

WSP

2 Reasons for Bankruptcy Law

1) orderly distribution of assets to creditors


2) second chance for unfortunate and honest debtor

3 Types of Creditors

1) Secured Creditors


2) Preferred Creditors (workers compensation, employees, etc.)


3) General Creditors

2 Ways to go bankrupt

1) Voluntary Assignment


2) Petition for Receivership

Insolvent

debts exceed assets by at least $1,000

Anticipatory Breach

Told ahead of time that you will not be able to fulfill obligations

General Damages

The loss that you have sustained by me not performing the contract (pain and suffering)

Special Damages

Actual out of pocket costs

Punitive Damages

Very large amounts of compensation (set an example)

Nominal Damages

Hurt feelings damages (usually $)

Liquidated Damages

Damages agreed upon in the contract