BU231 Chapter Notes - Chapter 13: Bona Fide Purchaser, Preposition And Postposition, Mental Distress
Document Summary
Any breach allows non breaching party to claim damages. Its non-breaching party choice whether to discharge contract or not. If there is a breach in a term still obligated but non committing party option to discharge or fix breach. Acting in way makes promise impossible to perform. Failing to perform or actual performance short of what promised. Express repudiation: one party informs other no longer intent of perform promise. If one term then term no longer obligated. If whole contract immediately comes to an end. Or have option to find another party to perform passing obligations. If offering to another party must tell them this is a previously repudiated contract. Anticipatory breach: breach before time agreed for performance. If a minor term is repudiated can"t discharge. If major term unable to no longer perform whats promised must take steps to recover damages. Willful or negligent act by promisor destroys ability to fulfill its contractual promise to breach contract.
