"You Can't Handle the Breach!"
What kind of breach occurs when a party refuses to perform before the time of performance is due?
What is anticipatory breach?
The opposite of "partial performance" is...
What is complete performance?
This clause prohibits the transfer of duties to a third party.
What is an anti-delegation clause?
This law requires some contracts to be in writing to be enforceable.
What is the Statute of Frauds?
The law that allows digital signatures to be legally binding.
What is the E-SIGN Act?
This remedy puts the non-breaching party in the position they would have been in had the contract been performed.
What are compensatory damages?
If you did most things right but missed a few details, a court might say you’ve met this level of performance.
What is substantial performance?
This clause restricts the transfer of contractual rights to someone else.
What is an anti-assignment clause?
This acronym refers to rules about software licensing and digital contracts.
What is UCITA?
This term describes a contract agreed to via mouse click.
What is a clickwrap agreement?
This type of remedy is rarely granted and only when the subject matter is unique, such as a rare painting.
What is specific performance?
Under the UCC, this rule says the seller must deliver exactly what was ordered.
What is the perfect tender rule?
This clause specifies which state’s law governs the contract.
What is a governing law clause?
Contracts for this kind of property must always be in writing.
What is real estate?
This is required for an e-contract to be enforceable.
What are the essential elements of a common law (traditional) contract?
The non-breaching party must do this to avoid making things worse for themselves.
What is mitigation of damages?
This doctrine may excuse a party’s performance due to natural disasters or pandemics.
What is force majeure?
This clause allows parties to execute (sign) a contract electronically.
What is an E-SIGN clause?
This implied duty exists in every contract, even if it’s not written down.
What is the duty of good faith and fair dealing?
This license type gives the user limited use of digital content or software.
What is a shrink-wrap license or end-user license agreement (EULA)?
The party gets $1 just to prove a point.
What are nominal damages?
If performance becomes excessively costly or unreasonable, this doctrine may apply.
What is commercial impracticability?
You’ll find this clause in contracts that say, “we’re not responsible if a volcano erupts.”
What is a force majeure clause?
This cyberlaw protects you from someone registering domain names like “YourMomSuesYou.com” just to resell it.
What is the Anti-Cybersquatting Protection Act?
When one party registers a confusingly similar domain as another party's (often a competitor) name in bad faith.
What is cybersquatting?