MGMT 3230 Lecture Notes - Lecture 3: False Statement, Unconscionability, Undue Influence

• School: Mount Royal University
• Department: Management
• Course: MGMT 3230
• Professor: stephanialuciuk

Document Summary

Breach of contract( filac: what kind of breach, major: conditions. **define these terms: what is the appropriate remedy? (issue, breach of warranty. Sue for damages (law: breach of condition. Terminate the contract and sue for damages: what are the plai(cid:374)tiff"s da(cid:373)ages? (issue) Expectation damages( 5502 to put the plaintiff in the position she would have been in if the contract was performed) (law) Duty to (cid:373)itigate: plai(cid:374)tiff"s duty to take all reaso(cid:374)a(cid:271)le steps to (cid:373)i(cid:374)i(cid:373)ize losses fro(cid:373) the breach. ** are insufficient to compensate for the breach. Impossible/ secure hardship: injunction: order to refrain from doing something **damages are insufficient, rescission: order that restores the parties to their pre contract position. Breach that goes to the root/ foundation of the contract. Tercon vs. bc 2010 scc ( exclusion clases/ limitation of liability will only be inoperative if there"s a pu(cid:271)li(cid:272) poli(cid:272)y reaso(cid:374) to ig(cid:374)ore the ter(cid:373) Laws: deffinitions: condition, warranty, inimate: rules- damages only for waraanty.