Breach Flashcards
1
Q
Breach
A
Unjustified failure to perform an absolute duty. When all conditions precedent to the promisor’s duty have occurred, been satisfied or excused, time for performance has arrived and duty has not been discharged, the promisor is in breach.
2
Q
Major Breach
A
Goes to the essence of the bargain, excuses injured party from performing and gives right to damages.
3
Q
Minor Breach
A
Requires continued performance by injured party, gives right to damages.
4
Q
Anticipatory Breach
A
Unequivocal anticipatory repudiation
