S 4 B - breach of contract and damages

S 4 B - breach of contract and damages - S 4 B Breach of...

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S 4 B – Breach of Contract and Damages 1 Not every breach may discharge a contract. 2 Breach does not discharge a contract automatically, even when breach sufficient to discharge it will only be done if party that suffers elects to discharge the contract. 3 Breach must be to point of defeating purpose of agreement and performance of aggrieved party becomes pointless, major breach . a. Minor breach will entitle damages, but performance still due. b. Condition is an essential term of the contract which constitutes major breach. Not to be confused with condition precedent, which is an event vs. condition under sale of goods which is a guarantee to quality or ownership. c. Warranty is a non-essential term which is a minor breach. d. Anticipatory breach – breach that occurs in advance of the time agreed for performance of a contract e. Continuous expectation of performance – a contract exists and has legal effects from the time of its formation and not just from the time of its performance A Breach may occur by: 1 Express Repudiation – a declaration by one party that it does not intend to perform as promised a. Entitled to terminate K and sue for damages. Must notify other party of
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This note was uploaded on 12/10/2011 for the course COMM 393 taught by Professor Elaine during the Spring '10 term at UBC.

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S 4 B - breach of contract and damages - S 4 B Breach of...

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