Management and Organizational Studies 2275A/B Chapter Notes - Chapter 14: Equitable Remedy, Punitive Damages, Syllogism

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: James Hildebrand

Document Summary

Anticipatory breach: an advance determination that a party will not perform his or her part of the contract when the time for performance arrives. Entitle the injured party to a release form his or her promise of performance under the contract. But if independent, injured party may not be entitled to treat the contract as at an end. Doctrine of substantial performance contract has been substantially performed before the breach of contract occurs. Most difficult form of anticipatory breach to determine. When the repudiation must be ascertained form the actions of a party, or implied from statements made before the time fixed for performance. Fundamental breach: a breach of contract that goes to the root of the agreement. Warranty: in the sale of goods, a minor term in a contract. The breach of the term would allow the injured party damages, but not rescission of the agreement.