ADMS 2610 Chapter Notes - Chapter 3: Force Majeure, Liquidated Damages, Fundamental Breach

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Explain two main ways in which the obligations of the parties to a contract can be discharged. On february 1st a and b agree that a, in montreal, will deliver goods to b, in. On march 21st, a calls b and tells him that he will not ship the goods. (i) Based on the above fact situation, advise b of his rights, providing your reasons. By telling b on march 1st, that he will not ship the goods, a is committing an express breach of contract, an express repudiation of contract and an anticipatory breach. The anticipatory breach gives b an election/choice at law to (a) affirm the contract and keep it alive and (b) to accept the breach terminate the contract and sue a for damages, subject to mitigation. (ii) If a and b could have contemplated that a hurricane might delay. A"s truck leaves toronto on january 27th and while on route encounters a.

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