Breach of Contract

Question 1

Actionable Breach of Contract

Answer 1

For a breach to be actionable, it must be a material breach, not a minor breach.

Question 2

Material Breach

Answer 2

A material breach occurs when there is a failure to substantially perform, where the non-breaching party is denied the benefit of the bargain.

Question 3

Performance Standard for Common Law Breach of Contract

Answer 3

Substantial Performance

This is the standard required to comply with real property, services, and multiple delivery sale of goods contracts.

The standard is not met if there is a material breach by either of the parties.

Question 4

Performance Standards for UCC Single Delivery Contracts

Answer 4

Perfect Tender Rule

Single delivery contracts under the UCC require perfect performance.
If goods or tender of delivery fail in any way to conform to the contract, the buyer has the right to:
1. Accept the goods;
2. Reject the entire shipment; or
3. Accept part and reject part