Law 5110 Quiz: Substantially deprive – PECL
Document Summary
Effect on other party"s duties of a failure to render performance. If there has not be substantial performance, the building contractor has no claim for the unpaid balance, although he may have a claim in restitution. ". Where a party to the contract fails to perform an obligation arising under the contract there is a breach of contract. Different types of obligations = different types of consequences. Some obligations are fundamental i. e. go to the root of the contract. Obligations that do not go to the root of the contract do not end the contract. Terms in a contract may be categorized according to the effect of the consequences of breach. Some representations are not intended to form a part of the final agreement. Trade puffs mere boasts, slick advertising, made to catch attention, no reasonable person would take them seriously. Mere opinions not based on fact, not made by specialist, made honestly not with intention to deceive, lacks any weight.
