MGMT 3100 Chapter Notes - Chapter 13: Expectation Damages, Specific Performance, Wrongful Dismissal
17 Oct 2015
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Non breaching party can claim damages if breach is to occur. Discharge of a contract: breach must undermine the whole if not a substantial part of the contract: non-breaching party must treat the contract as discharged and communicate this to the breaching party. If breach is on significant terms, party committing the breach is still bound. Minor breach: breach of a non-essential term of a contract or of an essential term in a minor respect. Major breach: breach of the whole contract or of an essential term so that the purpose of the contract is defeated. Making it impossible to perform its promises. Failing to perform at all or tendering an actual performance falling short of the promise. One of the contracting parties advises the other that it does not intend to perform as promised. The contract is immediately ended and you need to find another party to complete the work and sue for damages.
