Contract (II)
-
Upload
rafael-duke -
Category
Documents
-
view
40 -
download
1
description
Transcript of Contract (II)
![Page 1: Contract (II)](https://reader036.fdocuments.net/reader036/viewer/2022072014/56812cef550346895d91b7f0/html5/thumbnails/1.jpg)
Contract (II)
![Page 2: Contract (II)](https://reader036.fdocuments.net/reader036/viewer/2022072014/56812cef550346895d91b7f0/html5/thumbnails/2.jpg)
Discharge of Contracts
Performance: Occurrence or nonoccurrence of condictionsDischarge by agreementDischarge by impossibilityDischarge by breach
![Page 3: Contract (II)](https://reader036.fdocuments.net/reader036/viewer/2022072014/56812cef550346895d91b7f0/html5/thumbnails/3.jpg)
Performancecompletesubstantial insufficient
![Page 4: Contract (II)](https://reader036.fdocuments.net/reader036/viewer/2022072014/56812cef550346895d91b7f0/html5/thumbnails/4.jpg)
Discharge by impossibilityOne party to a personal services contract dies; The specific subject matter of the contract is destroyed; A change in the law renders performance illegal; Performance becomes commercially impractical
![Page 5: Contract (II)](https://reader036.fdocuments.net/reader036/viewer/2022072014/56812cef550346895d91b7f0/html5/thumbnails/5.jpg)
Breach of ContractMaterial breach (insufficient performence)
![Page 6: Contract (II)](https://reader036.fdocuments.net/reader036/viewer/2022072014/56812cef550346895d91b7f0/html5/thumbnails/6.jpg)
Remedies The Expectation Interest – putting the injured party in the same place he would have been had the contract been fully performed.Reliance – Allowing the injured party to recover the expenses incurred due to his reliance on the contract being performedRestitution – a “cancellation” of the contract where the injured party recovers only those payments he has made to the breaching party
![Page 7: Contract (II)](https://reader036.fdocuments.net/reader036/viewer/2022072014/56812cef550346895d91b7f0/html5/thumbnails/7.jpg)
DamagesCompensatory ConsequentialPunitive NominalLiqudated