Breach

Question 1

What is the effect of a minor breach?

Answer 1

the nonbreaching party is still obligated to perform. However, she can claim damages.

Question 2

What is the effect of a material breach?

Answer 2

the nonbreaching party is discharged from having to perform, and she can claim damages.

Question 3

A minor breach coupled with an anticipatory repudiation is considered a . . .

Answer 3

material breach.

Question 4

What is the effect of a material breach to a divisible contract?

Answer 4

the nonbreaching party can recover damages for substantial performance of a divisible part even though there has been a material breach to the entire contract.

Question 5

Is the date of performance binding on the parties to a contract?

Answer 5

only if the contract evinces that time is of the essence. If it does not evince that, it must be performed within a reasonable time.

Question 6

Under the UCC, where a buyer has rejected the goods of the seller, what duty does the buyer have?

Answer 6

to hold the goods for the seller with reasonable care.