BU231 Chapter Notes - Chapter 14: Endangerment, Standard Form Contract, Syllogism
Document Summary
Breach may sometimes become a method of discharge. Not every breach may discharge a contract and breach does not discharge a contract automatically (as does frustration or completed performance); only when the party that suffered the breach elects to treat it will the contract be discharged. 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 delivers 9,995 products out of 10,000 promised would be a minor breach of a major term and would not entitle b to reject the shipment. If a had delivered only 5000 products, it would be a major breach and b could elect to reject them. Condition an essential term of a contract. Warranty a non-essential term of a contract. A party to a contract may break it:
