BU231 Chapter Notes - Chapter 13: Equitable Remedy, Quantum Meruit, Expectation Damages
Document Summary
Chapter 13: breach of contract and its remedies. A breach of any term in a contract entitles the non-breaching party to claim damages. If serious enough, may also discharge a contract and release the non-breaching party from further performance of their contractual obligations. If want discharged, non-breaching party must communicate this to breaching party: non-breaching party loses option to discharge in two situations: Non-breaching party decides to proceed with contract and accept benefits under it. Non-breaching party may have received the benefit of the contract and not learned of the breach until this part"s performance was already complete. In both situations, claiming damages remains an option. Minor breach: a breach of a non-essential term of a contract or of an essential term in a minor respect. Major breach: a breach of the whole contract or of an essential term so that the purpose of the contract is defeated.
