BU231 Chapter Notes - Chapter 13: Inequality Of Bargaining Power, Quantum Meruit, Equitable Remedy
Document Summary
To discharge a contract, the breach must undermine the whole contract or a fundamental term of the contract; only then is the option to discharge the contract available. Even when a breach is sufficient to discharge the contract, the non-breaching party must choose to treat the contract as discharged and communicate its choice to the breaching party. 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. A party to a contract may break it: By acting in a way that makes it impossible to perform its promises. By either failing to perform at all or tendering an actual performance that falls short of its promise. Express repudiation happens when one of the contracting parties advises the other that it does not intend to perform as it promised.
