BU231 Chapter Notes - Chapter 14: Endangerment, Syllogism
Document Summary
Not all breaches of contract occur in the same way, nor do they share the same consequences. Aggrieved parties have choices to make, depending on how breach occurs and the seriousness of it. Quantity to be delivered is a major term, but delivering 9995 of 10,000 bags would only be a minor breach, not entitle receiver to reject shipment: minor breach, major breach, eg. If you only delivered 5000 of 10000 bags there would be a major breach and the receiver could reject shipment: essential terms are known as conditions, non-essential terms are known as warranties. Injured party should seek legal advice before claiming to be discharged of their own obligations, or risk being held liable themselves for wrongful repudiation: in contracts involving installments, the injured party is free from liability only if: defective. Good reason to suspect future performance will be equally.
