Breach and Cure

Question 1

Partial Breach

Answer 1

Terminology for breach that relates to claim for compensation for only part of the rights the non breach party was entitled to demand from breaching party

Question 2

Total breach

Answer 2

Terminology breach that relates to a claim for compensation for all the rights the non breaching party was entitled to demand from the breaching party.

Question 3

What does it mean to breach a contract?

Answer 3

Breaching party has to pay damages caused by the breach
and
Non breaching party may have a right to suspend performing.

Question 4

Primary concepts of breach and performance

Answer 4

Performance is the term a party has done what they were suppose to do.

Question 5

Breach Term

Answer 5

Is when a party has not done what they were suppose to do

Question 6

Repudiation

Answer 6

Is when a party has told another party what they are not going to do what they were suppose to do

Question 7

Cure

Answer 7

courts require any party who is claiming a breach to give the breaching party and opportunity to cure their breach.

Question 8

substantial performance

Answer 8

does not impair the entire value of the entire contract and does not suspend the non-breaching party duty still has to perform. A breach that does not impair the entire contract and typically has done 90percent of the duties to the contract.

Question 9

Material Breach

Answer 9

It is a breach that does impair the contract and enables the non-breaching party to suspend the duty to perform. This breach does impair the entire contract. Then required to give the other party the opportunity to cure.

Question 10

BRAGS neumonic

Answer 10

B= Benefit
R= Reasonable Assurance
A= Adequate Compensation
G= Good Faith
S= Suffer forfeiture