Material Breach Flashcards
1
Q
Determining whether party has failed to comply with terms of contract to point in which _
A
Damages should be awarded
(Breach of contract material)
2
Q
Court will ask whether breach of contract is _
A
Material
3
Q
Material breach of contract is one that goes to very _
A
Heart of agreement
4
Q
Failure to pay painter goes to heart of agreement so it would be _
A
Material breach of contract
5
Q
If painter was one day late, it would not count as a breach of contract unless contract contains _ clause
A
Time is of the essence
6
Q
Time is of the essence clause requires
A
Painter to perform in time