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14 Cards in this Set
- Front
- Back
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I. Course of Performance
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1. Applicable Law
2. K performance 3. B of K |
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I. Course of Performance
2. K performance 3. Breach of K |
2. Contract Performance
a. condition created - express / implied b. condition excused - waiver - prevention - avoid forfeiture 3. Breach of K |
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II. Material and Total Breach
1. Material 2. Total |
1. Material
a. non-breaching party - loss of expected benefit - ability to be compensated b. breaching party - forfeiture - good faith - ability to cure reasonable time 2. Total a. delay prevents subst. arrangements b. agree. requires timely performance c. nonB party's conduct d. substantial performance |
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III. Remedies
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1. Expectation Damages
2. Reliance Damages 3. Restitution 4. Promissory Estoppel 5. Punitive 6. Attorney Fee's 7. Specific Performance |
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III. Remedies
1. Expectation Damages |
1. Expectation Damages
a. loss in value - loss avoided b. reasonable certainty c. mitigation |
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III. Remedies
2. Reliance Damages |
2. Reliance Damages
a. measure - expenses in prevention or in performance - mitigation: good faith |
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III. Remedies
3. Restitution |
3. Restitution
a. benefit conferred b. recipients knowledge c. unjust enrichment d. remedy |
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III. Remedies
4. Promissory Estoppel |
4. Promissory Estoppel
a. benefit conferred b. reasonable expected action c. induces action d. just reliance / detrim reliance e. remedy - expectation v. reliance interest |
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III. Remedies
5. Punitive 6. Attorney Fee's |
5. Punitive
a. tortious action 6. Attorney Fee's a. prevailing party b. written into K |
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III. Remedies
7. Specific Performance |
7. Specific Performance
a. damages inadequate b. balance of hardship of B party v. hardship of non and/or 3rd c. unclean hands d. personal services e. public policy - enforcement outweighed by confidentiality |
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IV. Additional Defenses
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1. Impracticability
2. Frustration of Purpose 3. Impossibility |
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IV. Additional Defenses
1. Impracticability |
a. performance impracticable
b. event not adverse party's fault c. nonoccurrence is a basic assumption d. adverse party not bear risk |
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IV. Additional Defenses
2. Frustration of Purpose |
a. principal purpose frustrated
b. event not adverse party's fault c. nonoccurrence is a basic assumption d. adverse party not bear risk |
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IV. Additional Defenses
3. Impossibility |
a. duties of K cannot be performed
b. must arise after the K has been entered into c. subjective impossibility will not suffice d. each party may be excused from the K. |
