PALG 306 Lecture Notes - Lecture 18: Breach (Security Exploit)
Document Summary
Breach - break in obligation under a contract. Law is pretty clear - you have to act in good faith. I don"t like your work - not okay. Unless you have time is of the essence provision. If you breach a provision you are in full breach of contract. Time is of the essence - material clause. Tendered full performance - you are ready willing and ble but other person refuses they are in breach of contract. Substantial performance - you only do part of it. Merchants - under ucc they are entitled to perfect tender. Must completely conform to specifications in merchant to merchant deal. Can"t cheat and skim off the top for too long. One is defective - can send all back. When you sue someone you have to explain the facts that caused harm - cause of action. Merchant - judge has to see it as divisible contract. Presumed things will go on month to month.
