Chapter 11 Section 2 Flashcards

(6 cards)

1
Q

suit for cancellation

A

-the party who is not in breach can bring a suit in court to cancel the contract and ask the court to put the parties back in their original positions

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2
Q

suit for specific performance

A

-the party who is not in default asks the court to require the other party to perform as agreed in the contract

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3
Q

suit for damages

A

-the injured party can sue for damages
-a suit for damages typically involved a request to the court to be financially compensated for harm suffered

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4
Q

liquidated damages

A

-are specified and agreed upon in the contract
-parties have agreed to the penalty to be imposed in the event of a breach by either party

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5
Q

unliquidated damages

A

-not specified in the contract but are determined in court

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6
Q

action for declaratory judgement

A

-a request to a court to interpret a contract in advance of a breach
-this would be used if the parties to a contract were in dispute and request clarification or interpretation of provisions in the contract

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