Podcast
Questions and Answers
What is the term for a court's order to perform a positive obligation in a contract?
What is the term for a court's order to perform a positive obligation in a contract?
- Specific Performance (correct)
- Accounting
- Rectification
- Rescission
What type of obligation is commonly found in contracts for the sale of a business?
What type of obligation is commonly found in contracts for the sale of a business?
- Rectification obligation
- Positive obligation
- accounting obligation
- Negative obligation (correct)
What is the purpose of a restrictive covenant in a contract of employment?
What is the purpose of a restrictive covenant in a contract of employment?
- To ensure an employee works for a rival employer
- To prevent an employee from setting up a rival business
- To ensure an employee gets a certain amount of salary
- To restrict an employee from working for a rival employer in the same area (correct)
What is the term for a court's order that a party do the very thing they undertook to do in a contract?
What is the term for a court's order that a party do the very thing they undertook to do in a contract?
What is not a type of literal performance mentioned in the lecture?
What is not a type of literal performance mentioned in the lecture?
In the common law, what is the secondary remedy?
In the common law, what is the secondary remedy?
What type of damages are provided for in a contract?
What type of damages are provided for in a contract?
What is the purpose of liquidated damages?
What is the purpose of liquidated damages?
What is the difference between liquidated damages and unliquidated damages?
What is the difference between liquidated damages and unliquidated damages?
What will be discussed in the next two lectures?
What will be discussed in the next two lectures?
What is the primary remedy for a breach of contract in the common law?
What is the primary remedy for a breach of contract in the common law?
What is the purpose of equitable remedies in a breach of contract?
What is the purpose of equitable remedies in a breach of contract?
What is an injunction in the context of contract law?
What is an injunction in the context of contract law?
What is the purpose of an order of specific performance?
What is the purpose of an order of specific performance?
What is literal performance in the context of contract law?
What is literal performance in the context of contract law?
What is the nature of liquidated damages?
What is the nature of liquidated damages?
In what context can liquidated damages clauses be considered valid?
In what context can liquidated damages clauses be considered valid?
What is the primary objective of understanding liquidated damages clauses?
What is the primary objective of understanding liquidated damages clauses?
What is the significance of the Cavendish Square Holdings v Makdessi case?
What is the significance of the Cavendish Square Holdings v Makdessi case?
What is an example of a situation where a liquidated damages clause might be used?
What is an example of a situation where a liquidated damages clause might be used?
What is the effect of a breach of contract in Example 1?
What is the effect of a breach of contract in Example 1?
Why is the clause in Example 2 not subject to the penalty jurisdiction?
Why is the clause in Example 2 not subject to the penalty jurisdiction?
What was the significance of the case of Cavendish Square Holdings v Makdessi in 2015?
What was the significance of the case of Cavendish Square Holdings v Makdessi in 2015?
What is the penalty jurisdiction?
What is the penalty jurisdiction?
What is the purpose of the penalty rule?
What is the purpose of the penalty rule?
What is the primary effect of an injunction in a contract dispute?
What is the primary effect of an injunction in a contract dispute?
In what circumstances would an injunction not be granted in a contract dispute?
In what circumstances would an injunction not be granted in a contract dispute?
What is the underlying assumption of an award of damages in a contract breach?
What is the underlying assumption of an award of damages in a contract breach?
What is the purpose of an examination question that asks about the adequacy of damages as a remedy for a breach of contract?
What is the purpose of an examination question that asks about the adequacy of damages as a remedy for a breach of contract?
What is the significance of the Warner Bros v Nelson case in the context of employment contracts?
What is the significance of the Warner Bros v Nelson case in the context of employment contracts?
In the case of Cavendish v Makdessi, what was the reason for the validity of the clause?
In the case of Cavendish v Makdessi, what was the reason for the validity of the clause?
What was the outcome of appeal number 1 in the case of Cavendish v Makdessi?
What was the outcome of appeal number 1 in the case of Cavendish v Makdessi?
What is the comparison between appeal number 1 and appeal number 2 in the Cavendish v Makdessi case?
What is the comparison between appeal number 1 and appeal number 2 in the Cavendish v Makdessi case?
What is the purpose of a clause that forces the seller to pay a large sum of money if they breach the agreement?
What is the purpose of a clause that forces the seller to pay a large sum of money if they breach the agreement?
What is the main test for the validity of a clause?
What is the main test for the validity of a clause?
What is the consequence if the seller breaches the agreement in the case of Cavendish v Makdessi?
What is the consequence if the seller breaches the agreement in the case of Cavendish v Makdessi?
What is the main difference between appeal number 1 and appeal number 2 in the Cavendish v Makdessi case?
What is the main difference between appeal number 1 and appeal number 2 in the Cavendish v Makdessi case?
Why was the clause enforcing the promise not to compete valid in the Cavendish v Makdessi case?
Why was the clause enforcing the promise not to compete valid in the Cavendish v Makdessi case?
What is the purpose of a clause that requires the seller to pay a large sum of money if they breach the agreement?
What is the purpose of a clause that requires the seller to pay a large sum of money if they breach the agreement?
What is the test for the validity of a clause, according to the new test?
What is the test for the validity of a clause, according to the new test?
