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Class Notes 3-12 - Class Notes Discharge by Performance...

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Class Notes 3/12/12 Discharge by Performance Cont. 8. Impossibility – An unforeseeable circumstance or event which renders it impossible for anyone to perform the contract. 9. Impracticability – It is much more expensive or difficult for the contracted party to perform due to an unseen circumstance. 10. Frustration of Purpose: An unforeseen event, this time the event frustrates the purpose of one of the parties to the contract. - King’s Coronation Remedies for Contracts 1. Compensatory – Compensates the plaintiff, makes them whole again 2. Punitive – Not related to the amount of injury the plaintiff suffers, it punishes the defendant. 3. Nominal – has legal grounds to have judgment in his favor, but the amount is low 4. Liquidated – Contemplated in the contract. 5. Consequential – “Special” Hadley v. Baxendale – Lost profits 6. Specific Performance Torts Tort : A civil wrong and often has a crime related to it. Tortfeaser – The person committing the tort. Intentional Torts 1. Assault – An intentional tort. One party intends to create a reasonable apprehension of a harmful or offensive contact. 2. Battery – Intentional act that completes the assault or offensive contact. 3. False Imprisonment – An intentional confinement or restraint of a person’s activities without justification. 4. Defamation – General term, you can sue for defamation. An intentional act to harm the reputation of another by making a false statement of fact. Publication is required.
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