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Contractual Obligations & Their Enforcement- Obj 4.00

AB
assignmenta transfer of a right a party may have under a contract to another
Obligorthe one who owes a duty under a contract
performancethe fulfillment of contractual promises as agreed
Discharge of a contracttermination of duties that ordinarily occurs when the parties perform as promised
Breach of contractfailure to provide complete performance
Substantial performancewhen just about all the duties are performed, but a minor duty under the contract remains
Defaultfailure to perform
Anticipatory breachwhen one party notifies the other party prior to the time of performance that he or she will not perform
Alterationmaterial change in the terms of a written contract without consent of the other party
Tendera ready, willing, and able offer to perform an obligation
remedythe action or procedure followed to enforce a right or to get damages for an injury to a right
Compensatory damagesseeks to place injured parties in the same position they would have been in if there had been no breach
Consequential damagesgrant of money damages for the forseeable injuries caused by the breach
Punitive damagespurpose of these damages is to punish and to make an example of the defendant
liquidated damageswhen the parties agree that a certain amount of money will be paid if a certain breach occurs
Nominal damagesdamages awarded when no substantial harm has been done but a token amount is awarded to acknowledge a wrong has been committed
Specific performanceA court ordering the the breaching party to do exactly what was required under the contract
Mitigation of damagesA party injured by a breach is required by law to take reasonable steps to minimize the harm done
Waiverto intentionally and explicitly give up a contractual right
Statute of limitationsStatutes in all states denying any remedy if suit is not brought within a certain time after a legal claim arises
Marital consoritumthe marital duties of the wife and husband
prenuptial agreementan agreement in which the martial partners-to-be typically give up any future claim they might have to part or all of the other's property
annulmenta court order that cancels a marriage because of a problem that existed from the beginning of the marriage


Business Education Teacher
West Carteret High School
Morehead City, NC

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