Breach Flashcards
1
Q
What are the 2 ways discharge by breach can occur ?
A
Actual breach
Anticipatory breach
2
Q
When does an actual breach occur ?
A
A party renunciate’s their liberties
Party makes it impossible for themselves to fulfil their obligations
Total or partial failure of performance
3
Q
What Is anticipatory breach ?
A
When one party gives notice that they will not fulfil their end of the contract
4
Q
What is the choice the innocent party has when faced with anticipatory breach ?
A
Sue immediately for breach of condition
Wait for agreed upon time and sue if performance does not take place
5
Q
What does repudiate mean ?
A
To reject or end the contract
6
Q
What is restitution ?
A
Returning property to pre contractual positions
