secondary obligation
A duty, promise, or undertaking that is incident to a primary obligation; esp., a duty to make reparation upon a breach of contract. — Also termed accessory obligation.
secondary obligation Read More »
Search Results for: BREACH OF PROMISE
recognizance
recognizance (ri-kog-n[schwa]-z[schwa]nts). 1. A bond or obligation, made in court, by which a person promises to perform some act or observe some condition, such as to appear when called, to pay a debt, or to keep the peace; specif., an in-court acknowledgment of an obligation in a penal sum, conditioned on the performance or nonperformance
espousals
espousals ([schwa]-spow-z[schwa]lz), n. Mutual promises between a man and a woman to marry one another. [Cases: Breach of Marriage Promise 4–5. C.J.S. Breach of Marriage Promise §§ 5–6.] “Espousals were of two kinds: sponsalia per verba de futuro, which take place if man and woman promise each other that they will hereafter become husband and
reliance loss damages
A reimbursement for losses or expenses that the plaintiff suffers in reliance on the defendant’s contractual promise that has been breached.
reliance loss damages Read More »
writ of covenant
writ of covenant. Hist. A writ for one claiming damages as a result of a breach of a promise under seal or other covenant. — Also termed breve de conventione (breev orbree-vee dee k[schwa]n-ven-shee-oh-nee). “The writ of covenant (breve de conventione) is not mentioned by Glanvill; but it appears within a short time after the
cost of completion
Contracts. An element of damages based on the expense that would be incurred by the party not in breach to finish the promised performance. [Cases: Damages 121. C.J.S. Damages § 111.]
cost of completion Read More »
penalty clause
penalty clause. A contractual provision that assesses against a defaulting party an excessive monetary charge unrelated to actual harm. • Penalty clauses are generally unenforceable. — Often shortened to penalty. — Also termed penal clause. Cf. LIQUIDATED-DAMAGES CLAUSE; LIMITATION-OF-REMEDIES CLAUSE . [Cases: Damages 76, 80. C.J.S. Damages §§ 176, 185–187, 190–192, 194.] “It not infrequently
of the essence
of the essence. (Of a contractual requirement) so important that if the requirement is not met, the promisor will be held to have breached the contract and a rescission by the promisee will be justified (time is of the essence). [Cases: Contracts 211; Vendor and Purchaser 78. C.J.S. Contracts § 583; Vendor and Purchaser §
engagement
engagement, n. 1. A contract or agreement involving mutual promises. [Cases: Contracts 57. C.J.S. Contracts §§ 108–109.] 2. An agreement to marry; the period after which a couple has agreed to marry but before they do so. — Also termed (in sense 2) betrothal; betrothment. [Cases: Breach of Marriage Promise 1. C.J.S. Breach of Marriage
severable contract
A contract that includes two or more promises each of which can be enforced separately, so that failure to perform one of the promises does not necessarily put the promisor in breach of the entire contract. — Also termed divisible contract; several contract. See SEVERABILITY CLAUSE. Cf. joint contract. [Cases: Contracts 137, 171. C.J.S. Contracts
severable contract Read More »