QST LA 245 Chapter Notes - Chapter 11: Expectation Damages, Dennis Amiss, Personal Services
23 Jul 2018
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A party is discharged when she has no more duties under a contract. Most contracts are discharged by full performance. In a contract for services, a party that substantially performs its obligations will receive the full contract price, minus the value of any defects. If the owner considers that time is of the essence in the performance of this contract, she may includes a time of the essence clause, which will generally make contract dates strictly enforceable. When one party materially breaches a contract, the other party is discharged: a material breach is one that substantially harms the innocent party, the discharged party has no obligation to perform and may sue for damages. A court will discharge an agreement if performing a contract was truly impossible but not if honoring the deal merely imposed a financial burden. A remedy is the method a court uses to compensate an injured party.
