BLAW 101 Lecture Notes - Lecture 30: Santa Barbara City College, Anticipatory Repudiation, Specific Performance
Document Summary
One of the major purposes of a contract is to provide a remedy for the innocent party if he/she is injured as the result of a contractual breach. Materiality: a breach of a contract occurs when a party fails to perform one of the duties or conditions of the agreement. If the breach is material or total, the innocent party may rescind the agreement and sue for damages. If the breach is partial, the innocent party may not rescind the contract and must still perform his/her promise the remedy is to bring an action for damages caused by partial breach. A material breach is one that goes to the essence of the contract. Whether or not a breach goes to the essence of the contract is a matter for the court to determine from the intentions of the parties. (performance can be done separately) or entire (performance are dependant upon each other).
