Breach And Anticipatory Flashcards

1
Q

Types of breach

A

Actual
Anticipatory

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2
Q

Repudiatory breach

A

Breach that is so serious that it allows innocent party to terminate it

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3
Q

How a redpudiatory breach happens

A

Breach of condition
Rufusal to perform
Breach of immoninate term if deemed serious enough

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4
Q

Breach of condition

A

Allows for damages and repudiate contract

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5
Q

Anticipatory breach

A

When party gives notice in advance to other party that they will not perform or complete there contract

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6
Q

Choose in anticipatory breach

A

Sue immediately once informed

Wait until agreed performance date

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7
Q

Anticipatory breach case

A

Hochester V de la tour

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8
Q

Anticipatory breach remedies

A

Damages to put in position they would be in if contract was completed

Must mitigate loss

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9
Q

Breach of condition

A

Damages and or repudiation

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10
Q

Breach of warranty

A

Damages only

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