Discharge by Breach^

Question 1

Discharge by Breach

Answer 1

A party fails to perform obligations under a contract, that party may be liable for a breach
V is always entitled to damages
But whether the contract is terminated depends on type of breach

Question 2

Actual Breach

Answer 2

Breach of condition, warrant or innominate term
Condition: innocent party can repudiate and/or claim damages
Warranty: only damages
Innominate: depends on whether it’s a condition or a warranty

Question 3

Anticipatory Breach

Answer 3

One party gives notice to the other that they will not complete the contract
Not breached yet, but tell they will in future
Hochster V de la Tour - Innocent party can sue immediately or wait until performance don’t happen and then sue

Question 4

Hochster V de la Tour

Answer 4

Innocent party can sue immediately or wait until performance don’t happen and then sue
- If sue immediately they might get less damages but not risk
- If wait, then damages could be more or nothing if contract ends up being frustrated
Don’t have to wait for breach for repudiation