MGSC30H3 Chapter 14: Chapter 14 - Breach of Contract and Remedies
Document Summary
The nature of breach of contract the express/implied refusal to carry out a promise made under a contract is a form of discharge. Express repudiation repudiation: a refusal to perform a contract by a conduct or by a form of communication - express breach. May treat the contract as a continuing agreement & wait until the date fixed for performance by the other party the bring an action for non- performance. Entitle the injured party to a release from his or her promise of performance under the contract contract that has been substantially performed before the breach occurs: doctrine of substantial performance. Implied repudiation occurs when the repudiation must be ascertained from the actions of a party, or implied from statements made before the time fixed for performance continued failure to perform permit the injured party to be free of agreement. Risky to assume if the contract will be breached.
