Business Law 9.0 Flashcards
chapter 9
contract
binding agreement that a court would enforce
a contract can be what
verbal or filmed
what are the 2 ways of breaching a contract
completely fails to perform
and
imperfect performance
golden rule of contracts
the goal of contract law is to put the non-breaching party in the same position they would have been in if the contract had not been performed
if party A breaches their contract with party B, what can B do?
sue
or
stop performing under the contract
does “stop performing” mean breach the contract back?
no
what can some one sue for in the case there is sale of assets
sue for the amount of KNOWN future profits
compensatory damages
money; the amount of money needed to compensate the non breaching party as a result of the breach of contract
equitable remedies
sometimes the non-breaching party does not want money, all they want is what is fair.
efficient breach
sometimes it makes sense to breach a contract
example of an efficient breach
walmart/target bracelet example
4 requirements for a valid contract
mutual assent / agreement
consideration / value
legality of objective
capacity
mutual assent / agreement
there must be a “meeting of the minds” by the parties to agree on the key aspects of the contract and make sure everyone is on the same point
consideration of value
each party of the contract must do or give something as a part of it
legality of the objective
every activity in the contract must be legal