breach and termination of the contract Flashcards
what is substantive performance
where performance is complete but to a poor quality. (contract stats 100, 95 were delivered)
what are severable obligations
obligations that are split into parts
what is a strict obligation
the general circumstance of contractual obligations. performed as required by the contract by letter
what is a fault-based obligation
obligations that require performance to be done with reasonable care. ‘reasonable care to ensure the communal areas were fit and safe’
what is the basic effect of a breach
- innoncent party is entitled to damages
- if the breach is serious enough, the innocent party can end the contract or continue
- breach is serious enough depending on type of term.
- ending a contract releases partied from performance
what is a repudiatory breach
a breach that goes to the core of the contract ad deprives an innocent party of its benefit.
what is an anticipatory breach
a declaration to a contract she does not intend to live up to the obligations under the contract.
what is the effect of a breach of condition
right to terminate and claim damages
what is the effecr of a breach of warranty
only damags
what is the effect of a breach of an innominate term
look at consequcnes an determine if te breach deprives the party of its benefit.
how important is a warranty
not that important
- not vital to the contract as is a condition.
what is affirmation
keeps contract alive but right to claim damages. must be clear an unequivocal
how is a condition classified
legislation
intention
judicial precidient
