Breach

Question 1

Breach

Answer 1

A breach occurs when a party to a contract fails to perform one or more of their contractual obligations.

Question 2

Minor Breach

Answer 2

A breach is minor if the non-breaching party still receives their benefit of the bargain. In a minor breach, the non-breaching party may only sue for actual damages.

Question 3

Material Beach

Answer 3

A breach is material if the non-breaching party did not receive their benefit of the bargain.

Question 4

Perfect Tender Rule

Answer 4

In a sale of goods contract, the products tendered must conform exactly to the contract terms. If the seller send non-conforming goods, the buyer can accept, they may reject, or they may accept and reject in part.

Question 5

Installment contract

Answer 5

In an installment contract, one non-conforming installment will not be considered a material breach unless that non-conforming installment impairs the value of the entire contract.