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blaw11a - Elements of Law Part One Part III Contract Law...

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Elements of Law - Part One © 2007 Captus Press Inc. 1 © 2007 Captus Press Inc. Part III Contract Law Unit 11 Remedies for Breach of Contract © 2007 Captus Press Inc. Module 1 The Nature of a Breach of Contract
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Elements of Law - Part One © 2007 Captus Press Inc. 2 Method of breach A party may repudiate a contact by refusing to perform his or her obligations Repudiation may be an express breach in which the party does not perform the obligation or declares that the obligation will not be performed If the repudiation occurs before performance of the obligation is due it is an anticipatory breach Nature of the breach of contract A breach of condition is a breach of an essential term of a contract which denies the injured party of the benefit of the contract or defeats the purpose of the contract A breach of warranty is a breach of a minor term which does not defeat the purpose of the contract A fundamental breach is more extensive and serious than a breach of condition—it is the failure to perform a primary obligation under a contract which deprives the injured party of virtually the whole benefit of the contract
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