205%20-%20Final%20Exam%20Topic%20List_Mallor14e_Fall11

205%20-%20Final%20Exam%20Topic%20List_Mallor14e_Fall11 -...

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FINANCE 205 – FINAL EXAMINATION TOPIC LIST [ Students may ignore any topics listed in red with double-strikethrough (e.g., Deleted )] CHAPTER 18 CHAPTER 18 – ( Continued ) e Conditions e Discharge (after performance of obligations e Condition Precedent or being excused from them) e Condition Subsequent Discharge by Mutual Agreement e Concurrent Conditions Discharge by Accord and Satisfaction Discharge by Waiver e Performance Discharge by Alteration e Strict (Complete, Full) performance Discharge by Statute of Limitations e Substantial performance Discharge by Decree of Bankruptcy Good faith (“honesty in fact”) – Implied REMEDIES FOR BREACH OF CONTRACT – covenant of good faith and fair dealing LEGAL REMEDIES = MONEY DAMAGES (a UCC concept) is implied into ALL Three Limitation(s) on Recovery of Damages contracts under the laws of California in Breach of Contract cases: 1. A party can recover damages only for e Breach (of contract) those losses that he, she, or it can e Material breach prove with reasonable certainty ( i.e., e Non-material breach No speculative award of damages). e Effect of a material breach 2. A breaching party is responsible for e Effect of a non-material breach paying only those losses that were reasonably foreseeable to him, her, e Time for Performance or it at the time of contracting ( i.e., e “Time is of the essence” is legal when the parties entered into their language meaning that failure to contract). perform on time = a material breach 3. Mitigation of damages – A person injured e “Reasonable” or “Seasonable” Time by a breach of contract has the duty may be implied under the UCC if the to mitigate ( i.e., avoid or minimize contract fails to specify a time for his/her/its damages), if it is possible and performance and feasible for that plaintiff. e Anticipatory Repudiation ( Also covered e Rescission ( Know what it is and how it works) in Chapter 22 ) (an equitable remedy) e – Know the common law requirement(s) for a party to "sue early" (before the other party's performance is due) e – Know the UCC procedure -- “demand for assurance” -- that can provide absolute proof of anticipatory repudiation ( in Chapter 22 ) e Excuses for Nonperformance e – Impossibility ( Also in Chapter 22 ) e – Commercial Impracticability ( Also in Chapter 22 ) An “e” to the left of a topic means that it may be the subject of an essay question. [205:1211_2FXTP12.LST_Mallor14e]
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FINANCE 205 – FINAL EXAMINATION TOPIC LIST – ( Continued ) [ Students may ignore any topics listed in red with double-strikethrough (e.g., Deleted )] CHAPTER 18 – ( Continued ) CHAPTER 19 Sales Contracts 2 [205:1211_2FXTP12.LST_Mallor14e]
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FINANCE 205 – FINAL EXAMINATION TOPIC LIST – ( Continued ) [ Students may ignore any topics listed in red with double-strikethrough (e.g.,
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