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5 Cards in this Set
- Front
- Back
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What are the elements of a breach? |
There is a duty owed, the duty is not (timely) performed, and the failure to perform is not excused |
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Partial breach |
the non-performance of a duty that is due, but is not a material breach or a total breach |
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Total breach |
consider: the 5 elements of a material breach, the likelihood that a delay would impair the injured party's duty to make substitute arrangements, and if contract gives a specific time, and the time is not met, how important would it seem to excuse the injured party from performing the remaining duties of the contract |
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Material Breach |
consider: 1. the extent to which the injured party is deprived of the benefit they reasonably expected to receive, 2. how well can the injured party be compensated for what they did not receive, 3. How likely is the breaching party to cure the breach, 4. how much will the breaching party lose if the injured party is excused from remaining duties of the contract, and 5. the extent to which the breaching party acted in good faith or bad faith
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Effects Breach has on non-breaching parties |
Partial breach: non-breaching party must continue to perform their duties under the contract Material breach: non-breaching party's duty to perform may be suspended until the breaching party cures the breach Total breach: the non-breaching party's remaining duties are discharged |
