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ADMS 2610 (430)


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Administrative Studies
ADMS 2610
Robert Levine

ADMS2610 Session 3 Chapter 14 (pg. 247-261) Breach of Contract and remedies Nature of Breach of Contract - The express or implied refusal to carry out a promise made under a contract is a form of discharge - Breach o A right to damages, rescission or both - Repudiation (a refusal to perform a contract) o Can be expressed or implied o When a party expressly repudiates a promise to perform, it is said to be an express breach - Condition (an essential term of a contract) o Breach of which allows the other party to end the contract - Anticipatory Breach (an advance determination that a party will not perform when the time for performance arrives) o If anticipatory breach of a condition, may end the contract or continue with the contract o If continue, one takes the chance the contract may be discharged in another way in the interim - Repudiation (Implied) o Occurs when the repudiation must be ascertained from the actions of a party or implied from statements made before the time fixed for performance - Doctrine of Substantial Performance o Cannot rescind a contract if it has been substantially performed - Subsidiary Promise o Warranties where a sale of goods is concerned o Allow for damages but not rescission Fundamental Breach – a breach of the contract that goes to the root of the agreement - Allows injured party to rescind contract and sue for damages - Exemption clauses: o Construed strictly against the party who inserted them (especially in standard form marketplace contracts) o Allows parties to avoid exemption clauses o Depends on the construction of the contract  Depends on the wording of the exemption clause - Warranty (in the sale of goods, a minor term in a contract, the breach of which allows one to sue for damages but not rescission) o Conditions may become warranties Remedies - Compensation o Rights of injured party to sue for compensation for the loss suffered o Loss or injury must be proven o Courts attempt to place party into position would have been had the contract been performed (restore to original position) o Restitutio in Integrum (to restore or return a party to an original position) o Can take the form of monetary damages, specific performance or quantum meruit Types of Damages - General Damages (restitution for losses naturally expected from a breach of contract) o Put party into position they would have been had the contract been performed o Represents compensation for los
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