About This Chapter
Below is a sample breakdown of the Breach of Contract chapter into a 5-day school week. Based on the pace of your course, you may need to adapt the lesson plan to fit your needs.
|Day||Topics||Key Terms and Concepts Covered|
|Monday|| Types of contract breachs|
Circumstances of contract branch
Remedies for contract breach
| Partial, total and material breaches of contract, obligation, remedy|
Innocent party, anticipatory breach, types of repudiation
Legal remedy, damages, how courts use the rule of expectancy to determine award, duty to mitigate damages
|Tuesday|| Specific performance and injunctions|
Reliance and restitution remedies
|Equitable remedies including specific performance and injunctions|
Expectation damages, restitution
|Wednesday|| Damages due to breach of contract|
|Non-recoverable damages, punitive damages, foreseeable damages, special damage|
Liquidated damages clause, advantages of liquidated damages
|Thursday||Duress and undue influence in contract enforcement|
Misrepresentation and fraud
|Explanation of duress and undue influence, mutual assent, voidable contracts|
Definition of contract fraud and misrepresentation, with examples
Unconscionability and statute of limitations
|Reasons why a contract cannot be enforced, including unilateral and material mistakes, mistakes of facts and mistakes of law|
Definition of unconscionable contracts and statute of limitations, which examples of these types of defenses
1. Types of Contract Breach: Partial, Material, & Total
A contract is a form of agreement that is legally binding. When one of the contracting parties fails to hold up his or her end of the deal, a breach of contract results. There are three different types of breach of contract. This lesson explains partial, material and total breaches.
2. Circumstances of Contract Breach: Anticipatory Repudiation & Demand for Assurances
A contract is a form of agreement that is legally binding. Sometimes, a contracting party suspects that the other party will fail to uphold his or her end of the deal. In these cases, there are certain legal procedures a party can use to better secure the contract. This lesson explains anticipatory repudiation and demand for assurances.
3. Remedies for Breach of Contract: Formula for Expectation Damages
When a party breaches a contract, a court will often award damages to the other party. Expectation damages are a common form of legal remedy for a breach of contract. This lesson explains expectation damages, and the formula for calculating expectation damages.
4. Specific Performance and Injunctions: Remedies for Breach of Contract
When a party breaches a contract, a court will usually award money damages to the innocent party. But there are other types of remedies. Equitable remedies are different than monetary damages. This lesson explains specific performance and injunctions, which are equitable remedies.
5. Contract Breach Remedies: Reliance & Restitution
When a party breaches a contract, a court will often award damages to the other party. There are several different types of damages. The type of damages awarded will depend on the circumstances of the case. This lesson explains when reliance damages and restitution might be used.
6. Non-Recoverable Damages: Damages Due to Breach of Contract
A money damage award is the most common remedy for a breach of contract. However, there are several limitations on money damage awards. This lesson discusses items that aren't recoverable, or won't usually be included, in a damage award.
7. Liquidated Damages: Damages Due to Breach of Contract
When a breach of contract occurs, there are several different types of money damages that might be awarded to the innocent party. Liquidated damages are a predetermined form of money damage award. This lesson explains the use of liquidated damages.
8. Duress and Undue Influence in Contract Enforcement
Contracts must be entered into freely by both of the parties and include mutual assent. Sometimes mutual assent can be affected by coercion or pressure to enter the contract. Duress and undue influence are situations that affect mutual assent and make a contract void or voidable. This lesson explains duress and undue influence in contract formation.
9. Contract Enforcement: Misrepresentation & Fraud
A contract won't be enforced if it's based on fraud or misrepresentation. These are civil causes of action regarding the formation of a contract. Both of these causes of action involve a statement of facts that is untrue. This lesson explains fraud and misrepresentation in contract formation, and takes a look at a case example.
10. Defenses to Contract Enforcement: Mistakes
A valid and legally enforceable contract requires a meeting of the minds. Sometimes there isn't a meeting of the minds due to a mistake by one or both parties. This lesson explains the different types of contract mistakes, and the remedies available.
11. Defenses to Contract Enforcement: Unconscionability & Statute of Limitations
Sometimes a party has a defense to a contract. A contract defense is a valid and legal reason for why the contract can't be enforced. This lesson explains unconscionability and statute of limitations. These are both defenses to the enforcement of a contract.
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