Breach

Question 1

Absent a time is of the essence clause, failure to finish performance on a specified date:

Answer 1

constitutes a minor breach and gives the non breaching party right to sue for damages resulting from the minor breach

Question 2

What is the effect of a minor breach?

Answer 2

• if there is a minor breach and the breaching party has substantially performed, non breaching party can sue for damages
• nonbreaching party is not relieved from their duty of performance