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Brock University (11,827)
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ACTG 2P40 (47)
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Day 7

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Brock University

Breach of Contract chapters 1415Effect of Breach 1 Fundamental Breacha Definition the aggrieved party has lost all or substantially all of the benefits of the contract such that what they are getting is substantially different from what they contracted for i Breach not necessarily fundamental Service is incorrectincomplete ii Gets to treat the contract as over with this is the ONLY type of breach this is applicable for b Conditions vs warranties i Conditions essential terms ii Warranties nonessentials 1 Breach of a warranty does not give you fundamental breach 2 Repudiationa Express repudiation i One party expressly tells the other they dont intend to perform b Anticipatory breach 2 options i Can wait to see if breach happens ii Can accept the breach and have the negligent party pay the difference 1 ALWAYS TAKE THIS OPTION dont risk frustration3 Exemption Clauses and their Effect on Breach i Like onerous terms ii Interpreted as narrowly as possible 1 Court will apply the exact meaning of the words nothing more limited to whats on the page b Negotiation or standard form c Notice of exemption clause i Note time onus on the party trying to proved Previous dealings e Exemption unusual i Cannot have an exemption clause from a fundamental breach ii Ex not responsible for return of goods f Writtensigned contract i Parole evidence
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