If My Fiancé Breaks our Engagement Summary
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
If My Fiancé Breaks our Engagement Summary
Question Workspace
Find an online news article related to this chapter and write a 3 to 5 sentence response tying the article to at least one key concept in the chapter. Be sure to include a link to the article at the end of your response.
Chapter Review
Chapter Summary: Contract Performance, Breach, and Remedies
Third Party Rights Assignments—An assignment is the transfer of rights under a contract to a third party. The third party to whom the rights are assigned has a right to demand performance from the other original party to the contract. Generally, all rights can be assigned. Delegations—A delegation is the transfer of duties under a contract to a third party, who then assumes the obligation of performing the contractual duties previously held by the one making the delegation. Except in a few situations, most duties can be delegated.
Third party beneficiaries—A third party beneficiary is one who benefits from a contract between two other parties. If the party was an intended beneficiary, then the third party has legal rights and can sue the promisor directly to enforce the contract. If the contract benefits the third party unintentionally, then the third party cannot sue to enforce the contract.
Performance and Discharge Conditions of performance—A condition is a possible future event, the occurrence or nonoccurrence of which will trigger the performance of a contract obligation or terminate an existing obligation. Conditions that may be present in contracts include conditions precedent, conditions subsequent, and concurrent conditions. Discharge by performance—A contract may be discharged by complete (strict) performance or by substantial performance. In some instances, performance must be to the satisfaction of another. Totally inadequate performance constitutes a material breach of contract. An anticipatory repudiation of a contract allows the other party to sue immediately for breach of contract.
Discharge by agreement—Parties may agree to discharge their contractual obligations in several ways:
By mutual rescission—The parties mutually agree to rescind (cancel) the contract.
By novation—A new party is substituted for one of the primary parties to a contract.
By settlement agreement—The parties agree to a new contract that replaces the old contract as a means of settling a dispute.
By accord and satisfaction—The parties agree to render and accept performance different from that on which they originally agreed.
By release—One party forfeits the right to pursue a legal claim against the other, barring further recovery.
Discharge by operation of law—Parties’ obligations under contracts may be discharged by operation of law by contract alteration, statutes of limitations, bankruptcy, impossibility or impracticability of performance, or frustration of purpose.
Damages Types of damages—Damages are the legal remedy designed to compensate the nonbreaching party for the loss of the bargain. By awarding monetary damages, the court attempts to place the parties in the positions that they would have occupied had the contract been fully performed. There are four broad categories of damages: Compensatory damages compensate the nonbreaching party for injuries actually sustained and proved to have arisen directly from the loss of the bargain resulting from the breach of contract.
Consequential damages cover indirect and foreseeable losses.
Punitive damages punish and deter wrongdoing.
Nominal damages recognize wrongdoing when no monetary loss is shown.
Mitigation of damages—The nonbreaching party frequently has a duty to mitigate (reduce) the damages incurred as a result of the contract’s breach.
Liquidated damages—Specified in a contract as the amount to be paid to the nonbreaching party in the event of a breach. Clauses providing for liquidated damages are enforced if the damages were difficult to estimate at the time the contract was formed and if the amount stipulated is reasonable. If the amount is construed to be a penalty, the clause will not be enforced.
Waiver of breach—A party’s willing acceptance of defective performance of a contract may operate as a waiver of the breach. The party waiving the breach cannot take later action on it.
Contract provisions limiting remedies—A contract may provide that no damages (or only a limited number of damages) can be recovered in the event the contract is breached.
Equitable Remedies Rescission and restitution—Rescission is a remedy whereby a contract is canceled and the parties are restored to the positions that they occupied before contract formation. When a contract is rescinded, the parties must make restitution to each other by returning the goods, property, or funds previously conveyed. Specific performance—An equitable remedy calling for the performance of the act promised in the contract. It is available only in special situations in which monetary damages would be an inadequate remedy.
Reformation—An equitable remedy allowing a contract to be “reformed,” or rewritten, to reflect the parties’ true intentions.
Recovery Based on Quasi Contract An equitable theory imposed by the courts to obtain justice and prevent unjust enrichment in a situation in which no enforceable contract exists. The party seeking recovery must show the following: A benefit was conferred on the other party.
The party conferring the benefit did so with the expectation of being paid.
The party conferring the benefit did not volunteer the benefit.
The party receiving the benefit would be unjustly enriched if allowed to retain the benefit without paying for it.
If My Fiancé Breaks our Engagement Summary
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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