discharge by breach

Question 1

What is discharge by breach?

Answer 1

When a party fails to perform his obligations under a contract, that party may be liable for breach of contract.
The victim will always be entitled to damages, but depending on the type of breach will depend on whether the contract is terminated

Question 2

What is an actual breach?

Answer 2

> a breach of condition, warrant, or an innominate term

Question 3

What does the breach of a condition allow to the innocent party?

Answer 3

repudiation and/or claim damages

Question 4

What does a breach of warranty allow the innocent party?

Answer 4

only damages

Question 5

What does a breach of an innominate term allow the innocent party?

Answer 5

depends on whether it is being treated as a condition or a warrant

Question 6

What is an anticipatory breach?

Answer 6

when one party gives notice to the other party that they will not be completing the contract

Question 7

When may the innocent party sue for an anticipatory breach?

Answer 7

Either sue immediately for a breach of a condition or wait until the breach happens and then sue

Question 8

Hochester v De La Tour

Answer 8

he was hired to work but then was told he wasn’t needed, he was advised to sue immediately

Question 9

When can repudiation occur?

Answer 9

if one party to a contract leads the other party to the reasonable conclusion that they do not mean to carry out the contract, thats repudiation

Question 10

What happens if the victim doesn’t sue immediately for an anticipatory breach?

Answer 10

Something may happen while waiting that means they cant sue