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This review covers topics such as delegation of duties, mitigating damages, anticipatory breach, remedies for breach, discharge of contractual obligations, and more. It clarifies various legal concepts and principles in business law.
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Review for Chapter 11 Business Law
A duty can be delegated but a right cannot be transferred. • TRUE or FALSE
To mitigate damages is to increase them. • TRUE or FALSE • Prior notice of a breach is called anticipatory breach. • TRUE or FALSE
Anticipatory breach can help to reduce damages. • TRUE or FALSE • Anticipatory Breach releases the breaching party from any liability. • TRUE or FALSE
When a contract is breached, the damages should be mitigated. • TRUE or FALSE • The right to sue for breach cannot be waived. • TRUE or FALSE
Completion • Contract rights can be transferred by • Assignment • An agreement to perform a new act to satisfy an existing contractual duty is • Accord
Completion • Requires a party of a contract to return goods given to them • Restitution • Relief given to an innocent party of a breached contract is • Remedy
Completion • Damages specified in a contract that will be paid upon breach. • Liquidated • A transfer of contractual duties. • Delegation
Completion • The delegator is also the • Obligor • The person owed a right in a bilateral contract is the • Obligee
Completion • The act of discharging one party by accepting the performance of another party • Novation • An equitable remedy that calls for the completion of the contract • Specific Performance
Completion • Party seeking specific performance must be blameless • Clean Hands • A small award given when there is no actual injury • Nominal Damages
TRUE or FALSE • The recovery of money or property by an injured party is called restitution. • TRUE or FALSE • Liquidated damages can be for any amount as long as it is agreed upon by both parties. • TRUE or FALSE
Completion • The cancellation of a contractual obligation is known as: • Discharge
Completion • The 4 categories that define discharge of contractual obligations: • By performance • By mutual agreement • By impossibility of performance • By operation of law
Completion • When parties decide that the original contract is not what they want, they create another known as: • Substitution
Completion • What is a common reason for not allowing the transfer of a certain right or delegation: • Unique personal skills
Completion • A remedy for breach of contract where a court attempts to prevent the breaching party from wrongfully injuring another party: • Punitive damages
True or False? • A minor breach does not require the injured party to perform any longer? • False
True or False? • A remedy meant to provide for foreseeable future damages to the injured party are known as compensatory damages • False (consequential)