Breach

Question 1

What are the 2 ways discharge by breach can occur ?

Answer 1

Actual breach
Anticipatory breach

Question 2

When does an actual breach occur ?

Answer 2

A party renunciate’s their liberties

Party makes it impossible for themselves to fulfil their obligations

Total or partial failure of performance

Question 3

What Is anticipatory breach ?

Answer 3

When one party gives notice that they will not fulfil their end of the contract

Question 4

What is the choice the innocent party has when faced with anticipatory breach ?

Answer 4

Sue immediately for breach of condition

Wait for agreed upon time and sue if performance does not take place

Question 5

What does repudiate mean ?

Answer 5

To reject or end the contract

Question 6

What is restitution ?

Answer 6

Returning property to pre contractual positions