COMM231 Chapter Notes - Chapter 9: Novation, Fundamental Breach, Equitable Remedy
14 Feb 2016
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Document Summary
This is the meat and potatoes" of why you have a contract: to get something done. And if it isn"t done, to be able to get some sort of protection. As with some earlier chapters, read the material first and understand it. Termination is most often by doing what is expected (or close enough that no one cares) Make sure you understand the meaning of vicarious" performance. By agreement this gets complicated and you have to be careful where stakes. Generally understand that benefits of contracts are assigned and that this is the are high. Enforcing: you do need to know what privity means, for breach: we only need you to know major (condition) and minor (warranty) breach (not innominate). But you need to know what the difference is and what the difference in outcome is. Different types of breaches are treated differently in law major/minor: fundamental breach exists but is rare.
