SCMA 323 Lecture 16: Chapter 16 Performance and Breach
3 Mar 2017
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Document Summary
If one or both of the parties do not perform their duties as specified in the contract. Types of performances: complete performance ( strict performance , substantial performance (minor breach) Complete performance: party to a contract renders performance exactly as required by the contract. Tender of performance: unconditional and absolute offer by a contradicting party to perform his or her obligations under a contract. Substantial performance: performance by a contracting party that deviates only slightly from complete performance. Minor breach: occurs when a party renders substantial performance of his or her contractual duties. Inferior performance: party fails to perform express or implied contractual obligations and impairs or destroys the essence of a contract. Material breach : occurs when a party renders inferior performance of his or her contractual duties. Sue to enforce contract and seek damages. Anticipatory breach: party indicates that he or she will not perform duties, nonbreaching party in immediately discharged, nonbreaching party may sue immediately.
