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2.02 Key Terms - Terminating, Transferring, & Breaching a Contract

AB
Accord and Satisfaction“Substitute one contract for another”
Actual Damages“Damages DIRECTLY related to breach”
Anticipatory Breach“Notified that a party to the contract will not fulfill their part of the contract prior to the required time of fulfillment”
Assignee“Party to whom right is transferred”
Assignment“Legally transferring your RIGHTS in a contract”
Assignor“Party who transfers the right”
Breaching a Contract“Wrongful failure to perform one or more promises in a contract”
Compensatory Damages“Award only for injuries suffered – nothing more”
Complete Performance“All terms have been carried out properly and completely”
Consequential Damages“Damages that DO NOT flow directly from the breach”
Delegation“Transfer a duty”
Incidental Damages“Reasonable expenses that arise INDIRECTLY from breach of contract”
Injunction“Court order that prevents a party from performing an act”
Liquidated Damages“Anticipated damages agreed upon prior to contract being signed”
Mutual Release“Each side releases the other side from the contract”
Nominal Damages“Award to prove legal injury but no damages caused”
Punitive Damages“Damages in excess of losses suffered in order to punish party for breach”
Satisfactory Performance“Law requires that services be completed in a satisfactory manner”
Speculative“Damages awarded not on fact but on expectations from contract fulfillment”
Statute of Limitations“Individual states have a time limit on lawsuits to be filed”
Substantial Performance“Slightly less than full performance”
Tender of Performance“Offer to Perform”
Wrongful Alteration“Any altering or changing of a contract will discharge parties to the agreement”

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