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Course: Fundamentals of Business Law

Remedies of Breach of Contract

Assignment: Insurance companies' practice of rescinding policies based on misrepresentations in an application has come under significant criticism in the area of health insurance.In several publicized cases, companies have been accused of cancelling health insurance contracts based on minor or technical defects in the original applications, typically after the insured has already incurred significant healthcare expenses due to serious illness.In response to these cases, the Obama administration issuedregulationsthat limit insurers' ability to rescind health insurance contracts.

As a policy analyst for a consumer advocacy agency, what legal cases and concepts should a pamphlet contain explaining the regulations to consumers. This pamphlet should discuss why the regulations were issued (drawing on examples of real cases you can find on the Internet) and explain how the regulations change the rules that would normally apply under the common law.

Note regarding assignment: Concepts currently studying: covenant and condition, doctrine of impossibility, breach of contract, doctrine of mitigation of damages, "lost volume seller", remedy of specific performance. Reading for this week is Contracts in a Nutshell "Remedies."