LAW 122 Lecture Notes - Lecture 10: Specific Performance, Expectation Damages

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In some situations time is essence, in which case late performance can be refused. If payment method is not stated in the contract, you must pay in cash: legal tender is exact cash (not over or under) Occurs when a party fails to properly perform an obligation due under a. Occurs when a ship, train, or truck departs from the route agreed upon. Occurs when a party indicates in advance, by words conduct, that it does not intend to fulfill an obligation when it falls due under a contract: self-induced impossibility. Intended to punish the defendant & discourage other people from behaving badly. Liquidated damages result of a breach: penalty. Equitable relief: specific performance, occurs when the court orders the defendant to fulfill a contractual obligation to do something. Injunction: occurs when the court orders the defendant to not do something that is prohibited by the contract.

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