BU231 Lecture Notes - Lecture 41: Non Est Factum, Equitable Remedy, Inequality Of Bargaining Power
Document Summary
Insist on performance and wait for non-performance to sue for damages: anticipatory breach, an express repudiation that occurs before the time agreed for performance, breach before performance is due. Importance of timing: k formation k is binding from that point 2. one party renders performance impossible: A willful or negligent act that makes performance impossible amounts to repudiation: self induced frustration, contracts of personal performance (double-booking, can be before or at time performance is due. Example: a singer double books himself for two vendors has to breach contract. Can"t have vicarious performance for personal performance lomoar cpsd| 5490467. 3. failure of performance: can only occur when performance is due, can be total failure or partial failure, ex: deliver robots in wrong colours can be grossly inadequate performance, ex: deliver robots but non work. Inadequate notice: have to give notice that you can"t perform misrepresentation. Non est factum: tercon contractors ltd. v. british columbia (transportation and highways), 2010 scc 4 .
