Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
4 Cards in this Set
- Front
- Back
|
250 When a Statement or an Act is a Repudiation
|
When a party's statements are sufficiently positive ot be reasonably interpreted to mean they cannot or will not perform, OR a voluntary or affirmative act that makes it actually or apparently impossible for him to perform. MERE WORDS OF DOUBT ARE'T ENOUGH.
|
|
|
254 Effect of Subsequent Events on Duty to Pay Damages
|
Breaching party doesn't have to pay damages if the other party would have totally failed in the return promise, or the breacher's purpose was frustrated or became impracticable BEFORE his breach by non-performance.
|
|
|
344 Purposes of Remedies
|
(a) Exectation, which is being put in as good a position as if the contract had been performed
(b) Reliance, which is being pur in as good a position as if the contract had not been made (c) Restitution, which is having restored any benefit that was conferred to the other party. |
|
|
347 Measure of Damages in General
|
You have a right to expectation damages subject to avoidability, unforeseeability, certainty of damages and not for emotional disturbance, based on expectation interest as measured by:
(a) loss in value caused by other party's lack or deficiency of performance PLUS (b) incidental and consequential damages LESS (c) any other cost SO IT LOOKS LIKE Loss in Value + Other Loss-Cost Avoided - Loss Avoided |
