Flashcards in Breach Deck (6):
What is the effect of a minor breach?
the nonbreaching party is still obligated to perform. However, she can claim damages.
What is the effect of a material breach?
the nonbreaching party is discharged from having to perform, and she can claim damages.
A minor breach coupled with an anticipatory repudiation is considered a . . .
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.
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.