COMM231 Chapter Notes - Chapter 9: Novation, Breach (Security Exploit), Specific Performance
13 Apr 2016
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Document Summary
Performance is complete when all implied and express promises have been fulilled. Does not necessarily mean the relaionship ends. Paries may coninue to do business by means of new, coninuing, and overlapping contracts: performance by others. Law disinguishes between those who have the contractual obligaion and those who may actually do the necessary work. Vicarious performance performance of contractual obligaions through others. Terminaion of a contract by an unexpected event or change that makes performance funcionally impossible or illegal. Force majeure clause: paries contractually deine for themselves in advance what events would frustrate the contract. Proving breach of contract: plaintiff must demonstrate beyond the balance of probabilities that, there is a contract between the paries. Only the paries to a contract can enforce the rights and obligaions it contains (privity): there is a breach of contract. The other party failed to keep a promise or term in the contract: there is an enitlement to a remedy.
