COMM231 Study Guide - Final Guide: Helen Baxendale, Equitable Remedy, Garnishment
26 Mar 2015
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Mitigation: obligation to try to minimize your losses, 9999 widgets made on a 10,000 contract, obligation for a shortfall, actively seek for another supplier if they cant supply you the last widget. Is the breach minor vs. major: if it is a minor breach, you may have to still honor the contract, if it is a major breach, you may be able to treat the contract at an end. Condition: major term, if this term is breached, it may amount to a fundamental breach. Failure to live up to what this contract is about. How can a breach occur: express repudiation. One party tells the other party they won"t fulfill their contractual obligations: make performance impossible. One party makes the contract impossible to complete. E. g. self-induced frustration: failure of performance. Can either be by failing to meet the minor terms or the major terms.
