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Flashcards in Breach Deck (6):
1

What is the effect of a minor breach?

the nonbreaching party is still obligated to perform. However, she can claim damages.

2

What is the effect of a material breach?

the nonbreaching party is discharged from having to perform, and she can claim damages.

3

A minor breach coupled with an anticipatory repudiation is considered a . . .

material breach.

4

What is the effect of a material breach to a divisible contract?

the nonbreaching party can recover damages for substantial performance of a divisible part even though there has been a material breach to the entire contract.

5

Is the date of performance binding on the parties to a contract?

only if the contract evinces that time is of the essence. If it does not evince that, it must be performed within a reasonable time.

6

Under the UCC, where a buyer has rejected the goods of the seller, what duty does the buyer have?

to hold the goods for the seller with reasonable care.