Legal Breach of Contract

material breach

a breach that occurs when a party renders inferior performance of his or her contractual duties

minor breach

a breach that occurs when a party renders substantial performance of his or her contractual duties

anticipatory breach

a breach that occurs when one contracting party informs the other that he or she will not perform his or her contractual duties when due

intentional tort

a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries

injunction

a court order that prohibits a person from doing a certain act

assumption of the risk

a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury

unintentional tort

a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions

comparative negligence (fault)

a doctrine under which damages are apportioned according to fault

breach of the duty of care

a failure to exercise care or to act as a reasonable person would act

libel

a false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on

malicious prosecution

a lawsuit in which the original defendant sues the original plaintiff. in the second lawsuit, the defendant becomes the plaintiff and vice versa

mitigation of damages

a non breaching party's legal duty to avoid or reduce damages caused by a breach of contract

injury

a plaintiffs personal injury or damage to his property that enables them to recover monetary damages for the defendants negligence

proximate cause

a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions

equitable remedy

a remedy that is available if there has been a breach of a contract that cannot be adequately compensated through a legal remedy or to prevent unjust enrichment

specific performance

a remedy that orders the breaching party to perform the acts promised in the contract. this is usually awarded in cases in which the subject matter is unique, such as in contracts involving land, heirlooms, and paintings

inferior performance

a situation in which a party fails to perform express or implied contractual obligations and impairs or destroys the essences of a contract

complete performance

a situation in which a party to a contract renders performance exactly as required by the contract. this discharges that part's obligation under the contract

breach of a contract

a situation that occurs if one or both of the parties do not perform their duties as specified in the contract

good samaritan law

a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations

reasonable person standard

a test to determine whether a defendant owes a duty of care. this test measures the defendants conduct against how an objective, careful, and conscientious person would have acted in the same circumstances.

negligence per se

a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care

international interference with contractual relations

a tort that arises when a third party induces a contracting party to breach the contract with another party (must show: valid enforceable contract between parties, third party knowledge of the contract, third party inducement to breach contract)

negligent infliction of emotional distress

a tort that permits a person to recover for emotional distress caused by the defendants negligent conduct

intentional infliction of emotional distress

a tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress

tort

a wrong. three categories: 1- intentional 2-unintentional 3- strict liability

rescission

an action to rescind (undo) a contract. this is available if there has been a material breach of contract, fraud, duress, undue influence, or mistake

misappropriation of the right to publicity (tort of appreciation)

an attempt by another person to appropriate a living person's name or identity for commercial purposes

monetary damages

an award of money

compensation damages

an award of money intended to compensate a non breaching party for the loss of the bargain. compensatory damages place the non breaching party in the same position as if the contract had been fully performed by restoring the "benefit of the bargain"

reformation

an equitable doctrine that permits the court to rewrite a contract to express the parties true intentions

superseding event (intervening)

an event for which a defendant is not responsible. the defendant is not liable for injuries caused by the superseding or intervening event

covenant of good faith and fair dealing

an implied covenant under which the parties to a contract not only are held to the express terms of the contract but are also required to act in good faith and deal fairly in all respects in obtaining the objective of the contract

writ of attachment

an order of the court that enables a government officer to seize property of the breaching party and sell it at auction to satisfy judgement

writ of garnishment

an order of the court that orders that wages, bank accounts, or other property of the breaching party held by third persons be paid to the non breaching party to satisfy a judgement

tender of performance

an unconditional and absolute offer by a contracting party to perform his or her obligations under a contract

sale of a good

can get back money if you pay for more than what was contractually stated

nominal damages

damages awarded when the non breaching party sues the breaching party even though no financial loss has resulted from the breach. these are 1$ or some other small amount

liquidated damages

damages that parties to a contract agree in advanced should be paid if the contract is breached (deal beforehand with alaska drilling if later than date will pay 20,000)

disparagement (trade libel, product, and slander of title)

false statements about a competitors products, services, property, or business reputation

defamation of character

false statements made by one person about another. in court, the plaintiff must prove that the defendant made an untrue statement of fact about the plaintiff, and that the statement was intentionally or accidentally published to a third party

consequential damages

foreseeable damages that arise from circumstances outside a contract. to be liable for these damages, the breaching party must know or have reason to know that the breach will cause special damages to the other party. (selling doll for 50 bought at 20 30 profit times total sold get that money back)

executed contract

fully performed contract

strict liability

liability without fault

slander

oral defamation of character

substantial performance

performance by a contracting party that deviates only slightly from complete performace

merchant protection statutes

statutes that allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if: there are reasonable grounds for the suspicion, suspects are detained for only a reasonable amount of time, and investigations are conducted in a reasonable manner

actual cause

the actual cause of negligence. a person who commits a negligent act is not liable unless actual cause can be proven

false imprisonment

the intentional confinement or restraint of another person without authority or justification and without that persons consent

intentional misrepresentation

the intentional defrauding of a person out of money, property, or something else of value

professional malpractice

the liability of a professional who breaches his or her duty of ordinary care

duty of care

the obligation people owe each other not to cause any unreasonable harm or risk of harm

restitution

the return of goods or property received from the other party to rescind a contract. if the actual goods or property are not available, a cash equivalent must be made

assault

the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of imminent harm. actual physical contact is unnecessary

invasion of the right to privacy

the unwarranted and undesired publicity of a private fact about a person. the fact does not have to be untrue

battery

unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury

transfer intent doctrine

under this doctrine the law transfers the perpetrator's intent from the target to the actual victim of the act

construction contract

when the owner of real property contracts to have a contractor build a structure or do other construction work