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    Breach Flow Chart

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    Kayleigh Carter
    A material breach is a serious breach that deprives the non-breaching party of the benefit of the contract and allows them to terminate the contract and sue for full damages. A partial breach occurs when a party fails to fully perform but the unperformed obligations are not material. There are five factors to determine if a breach is material, including whether the non-breaching party is deprived of an expected benefit and can be adequately compensated. The remedies for breach include damages, specific performance, and terminating the contract.

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    Breach Flow Chart

    Uploaded by

    Kayleigh Carter
    3K views1 page
    A material breach is a serious breach that deprives the non-breaching party of the benefit of the contract and allows them to terminate the contract and sue for full damages. A partial breach occurs when a party fails to fully perform but the unperformed obligations are not material. There are five factors to determine if a breach is material, including whether the non-breaching party is deprived of an expected benefit and can be adequately compensated. The remedies for breach include damages, specific performance, and terminating the contract.

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    A material breach is a serious breach that deprives the non-breaching party of the benefit of the contract and allows them to terminate the contract and sue for full damages. A partial breach occurs when a party fails to fully perform but the unperformed obligations are not material. There are five factors to determine if a breach is material, including whether the non-breaching party is deprived of an expected benefit and can be adequately compensated. The remedies for breach include damages, specific performance, and terminating the contract.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views1 page

    Breach Flow Chart

    Uploaded by

    Kayleigh Carter
    A material breach is a serious breach that deprives the non-breaching party of the benefit of the contract and allows them to terminate the contract and sue for full damages. A partial breach occurs when a party fails to fully perform but the unperformed obligations are not material. There are five factors to determine if a breach is material, including whether the non-breaching party is deprived of an expected benefit and can be adequately compensated. The remedies for breach include damages, specific performance, and terminating the contract.

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    Breach

    Total Breach

    Material Breach

    Substantial Performance

    Cant Be Cured or fixed

    A Breach that is so serious that it deprives the non-breaching party of the benefit of the bargain, and thus, allows them to decline performance, terminate the contract, and sue for full expectation damages.

    Partial Breach- perform but not to the full extent- what is not performed is not material

    Can be sued immediately

    5 Factors to determine materiality


    NonBreaching Party Deprived of benefit, which was reasonably expected Adequately compensated for the part of the benefit he was deprived

    Can recover for portion that was not performed or recover enough to pay someone else

    Breaching Party

    Suffer Forfeiture
    Cure his failure, taking into account all circumstances Comports with Standards of Good Faith and Fair Dealing Expectation

    Still have to pay for what is done, but not for the portion that has not be done

    If disproportionate then court will adjust Stated in ContractIf you breach this is what you pay

    How to Measure Damages


    Reliance Restitution

    Liquidated Damages

    Remedies Restatement
    Election of Remedies Void Contract and recover damages for the Total Breach Specific Performance
    Order Parties to Perform contract Adequate Damages

    UCC
    Perfect Tender Rule
    Specific Performance May be rendered if goals are unique or in other appropriate circumstances

    Continue Contract and sue for damages related to the partial breach

    Delivery
    Accept Whole Reject Whole Accept/ Reject Partial

    Only if adequate damages are not available

    Diff. of proving damages with reasonable certainty Likelihood award of damages could not be collected

    Diff. of getting reasonable substitute

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