BSLW1021 Lecture Notes - Lecture 21: Anticipatory Repudiation, Quasi, Gross Negligence
Document Summary
Breach of contract: a breach is a failure to act or behave as required by the contract, anticipatory breach/repudiation. One party makes it clear she won"t perform. The communication must be a clear, absolute, and unequivocal refusal to perform. Nothing wait for performance as required by the contract. Consider the contract breached and sue immediately. Consider the repudiation an offer to cancel the contract. Appropriate if the contract is unenforceable or not definite enough to be a contract. The party who is harmed may receive the reasonable vale of services performed: money damages. Put the parties in the same position they would have been in had the contract been performed. Compensatory or direct damages: flow naturally from the breach. Consequential or special damages: must be reasonably foreseeable to the defendant at the time the contract was made. Mitigation: failure to mitigate limits recovery: nominal: one party wins but no monetary value, punitive: generally not available in contract law.
