Doctrine of substantial performance: If one party substantially performs their obligations under a contract, the other party must do likewise, and the rights of the latter are restricted to an action in damages for losses accruing from the former’s failure to completely perform their contractual obligations. Hoenig v Isaacs [1952] 4.
Dec 11, 2019 · See Page 1. 21. A party suing for breach of contract who has suffered actual losses as a result of the breach is entitled to recover _______________. A. nominal damages. B. punitive damages C. liquidated damages D. compensatory damages 22. Consequential damages: A. occur when the special circumstances of the plaintiff cause him or her to suffer ...
enforcing the contract against the mistaken party must be unconscionable and the non-mistaken party would not suffer a substantial hardship by voiding the contract. If the non-mistaken party did not know about the other party’s mistake, the standard for voiding the contract is even higher. In such a case, the contract must not yet have been ...
Nominal. _____ of damages is a _____ party's legal duty to avoid or reduce damages caused by a breach of contract. Mitigation; non-breaching. _____ is an action to undo a contract. Rescission. Generally, to _____ a contract, the parties must make restitution of the consideration they received under the contract. rescind.
Generally, if there is a good faith dispute over a matter, a person's threat to file a lawsuit to resolve that dispute is considered to be improper. F. When one of the parties offers a disproportionately small amount of money in settlement of a debt and refuses to pay more, it is a form of economic duress. T.
Martin refused to furnish Jane with the workpapers unless he was paid a substantially higher fee than was set forth in the contract. Jane reluctantly agreed in order to meet the filing deadline.
Terms in this set (55) A party who has the right to rescind a contract may do so at any time. The legal term for innocent misrepresentation is "scienter.". A party injured by fraud in a contract for the sale of goods can both rescind the contract and sue for damages.
The main difference between concealment and nondisclosure is that: A. concealment is always regarded as an assertion of fact, while nondisclosure may or may not amount to such an assertion. B. a tort suit is possible in a concealment case, but not in a nondisclosure case.
The soil condition was not readily discoverable in the course of normal inspections or soil evaluations. David did not disclose the existence of the condition to Ruth, nor did Ruth make any inquiry of David as to the suitability of the land for the intended development. David's silence as to the soil condition: