Breach of Contract Overview

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Questions and Answers

What constitutes a breach of contract?

A breach of contract occurs when one party fails or refuses to perform their obligation as outlined in the agreement.

How does the concept of mitigation relate to breach of contract?

Mitigation requires the innocent party to take reasonable steps to minimize their losses resulting from a breach.

What is the difference between primary and secondary obligations in the context of breach?

Primary obligations refer to the main duties specified in the contract, while secondary obligations involve potential remedies or damages that arise from breach of the primary obligations.

What is an anticipatory breach, and how does it affect the contract?

<p>An anticipatory breach occurs when one party indicates they will not fulfill their contractual obligations before the performance is due.</p> Signup and view all the answers

Why do some terms in a contract carry different levels of importance regarding breach?

<p>Not all terms are equal; some may be considered fundamental to the contract's purpose whereas others are merely ancillary.</p> Signup and view all the answers

Flashcards

Breach of Contract

When one party fails to fulfill their agreed-upon obligations in a contract, without a valid excuse.

Representation

Statements made during negotiations that are not intended to be legally binding. They might influence a decision to enter a contract, but are not considered terms.

Mitigation of Damages

Actions done by the injured party to minimize their losses after a breach. This is a legal duty.

Repudiatory Breach

A breach that is so serious it gives the innocent party the right to end the contract and sue for damages. This is also referred to as a 'fundamental breach'.

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Anticipatory Breach

When one party indicates, before the performance date, they won't fulfill their obligations. This allows the innocent party to sue immediately, without waiting for the actual breach.

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Study Notes

Breach of Contract

Contract terms define obligations. A broken term constitutes a breach.
Not all statements before a contract are terms; some are representations.
Terms have varying importance and consequences for the non-breaching party.
Breach affects the contract's future (prospective).
A breach does not automatically terminate the contract.
Distinction exists between primary and secondary obligations related to a breach.
Mitigation: Parties suffering loss must take steps to reduce damages.
Breach occurs when a party fails to perform an obligation without lawful excuse.
Breach allows a claim for damages, but unless repudiatory, the contract remains valid (non-breaching party has options).
Anticipatory breach acknowledges a future breach.
Terms can be categorized or classified based on importance.