BU231 Lecture Notes - Lecture 12: Non Est Factum, Equitable Remedy
Document Summary
Express repudiation: options to non-breaching party, terminate k but reserve the right to sue for damages; or. Insist on performance and wait for non-performance: anticipatory breach, breach before performance is due. Importance of timing: k formation k is binding from that point. Doctrine of substantial performance: performance that does not comply in some minor way with the requirements of the contract, prevents the non-breaching party from avoiding his or her performance. Exemption clauses: a clause in a contract that exempts a party from liability for failing to perform some or all of its contractual obligations, risk allocation. Insurance: keeps costs low, problem: if used in sfc inequality of bargaining power, puts risk on party not willing or able to accept it, defences: Inadequate notice: misrepresentation, non est factum, tercon contractors ltd. v. british columbia, supreme court rejected the doctrine of.
