BU231 Chapter Notes -Syllogism, Standard Form Contract, Fellatio
Document Summary
Chapter 13: breach of contract and its remedies. To discharge a contract: the breach must undermine the whole contract or a fundamental term of the contract. The purpose of the contract must be defeated so that the performance by the non-breaching party is rendered pointless. If a contract is breached, the non-breaching party may lose this option in two ways: Innocent party proceed with contract and accepts benefits, despite the breach. Innocent party may have received the benefit without knowing about the breach until end of this party"s performance. Either way, claiming damage as a breach of contract action remains available. If a major breach (essential terms) occurs, the breaching party is still bound by the contract, but the non-breaching may elect to discharge it. Minor breach: breach of minor terms in contract; warranty; non-essential terms. Major breach: breach of major terms in contract; condition; essential terms.
