Breach

Question 1

Breach, Full or Partial

Answer 1

Extent to which the injured party would get the “substantial benefit of what he reasonably anticipated.”
Extent to which the injured party may be adequately compensated in damages for lack of complete performance.
Extent to which Defendant has partially performed or made preparations to perform.
Greater or lesser hardship on Defendant in terminating the K.
Good faith or bad faith of Defendant. This factor weights the heaviest in this case, but no one factor is dispositive.
Greater or lesser uncertainty that Defendant will perform remainder of K.

Question 2

Why it matters to determine if Full or Partial Breach has occurred

Answer 2

Because the breaching party may still be required to fulfill the obligation of the K.

Question 3

Total Breach

Answer 3

Frees you from your obligation to perform

Question 4

Partial Breach

Answer 4

Performance does not comply with the promise, but the other party is not freed from his obligation to perform. This is substantial performance.

Question 5

Breach Continuum

Answer 5

NO Breach –> Material Breach, ok to suspend performance –> Total Breach, frees you from your obligation to perform.

Question 6

Substantial performance and material breach:

Answer 6

Are opposites. They can’t exist in the same place at the same time.

Question 7

What is an implied condition?

Answer 7

An implied condition is in every K. It is that a parties obligation to perform is impliedly conditioned on there being no uncured material breaches by the other party.

Question 8

Waiver

Answer 8

A knowing and voluntary relinquishment of a known right. Waiver is the best way around an expressed condition.

Question 9

Definition of Breach

Answer 9

An unjustified or unexcused failure to perform all or any part of what is promised in a contract.

Question 10

Doctrine of Prevention

Answer 10

Requires a reasonable effort to perform and not take efforts to prevent the outcome.