BLAW 3100 Chapter Notes - Chapter 9: Syllogism, Force Majeure, Quantum Meruit
Document Summary
Illustrate how a contract is discharged (terminated) by performance. Contractual obligations are discharged (terminated) when each party satisfactory completes its part of the bargain. If failure to perform is insignificant or only involves minor term (warranty), contract is considered performed. Substantial performance when obligation is breached in some minor way and subject to a claim for the loss caused by the shortfall. Example: 9990 liters of milk, rather than 10000 liters. When one party is ready, willing, and able and attempts to perform but performance is refused by the other party. Person who attempted performance may sue another for damages. Wait for creditor to collect, at creditor"s expense. Delivery as specified or at reasonable time and place. Provincial sale of goods act impose certain implied warranties and breaches can lead to an award of damages (dangerous/specifications: describe when a breach of contract will be sufficient to relieve the opposite party. Conditions terms essential to substantial performance.
