Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
5 Cards in this Set
- Front
- Back
|
Breach
|
Breach is not performing your contractual obligations.
|
|
|
Patterson (4 houses)
|
A party cannot intentionally prevent the other party from carrying out their part of the agreement. (Patterson)
A party who causes a breach is thereby precluded from recovering damages for the nonperformance or using it as a defense. (Patterson) |
|
|
Iron Trade (iron rails
|
Mere difficulty of performance will not excuse a breach of K. (Iron Trade)
The conduct of one party to a K which prevents the other from performing his part is an excuse for nonperformance. (Iron Trade) |
|
|
Jacob (house water pipe)
|
An omission, both trivial and innocent, will sometimes be atoned for by allowance of the resulting damage, and will not always be the breach of a condition to be followed by a forfeiture. (Jacob)
Trivial breaches may be rectified by restitution. (Jacob) Where the line is to be drawn between the important and the trivial cannot be settled by a formula. (Jacob) |
|
|
Tomato Sign
|
If a party breaches you can sue for damages, but you can only repudiate when the other party materially breaches. (Tomato Sign)
If a party has substantially performed, a breach is probably not a material breach. (Tomato Sign) |
