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Discharge by breach (Terms (Condition (Every breach of such an undertaking…
Discharge by breach (Terms, Power to affirm / reject breach, power to discharge / accept breach, Actual, Anticipatory, RDC Concrete v Sato Kogyo, Legitimate interest, When some of the contractual promises have not been fully performed or have been performed defectively, and promissory term breached include a condition, innocent party can elect to discharge. If innominate term, may elect to discharge if consequences of the breach are so severe as to 'deprive the promisee of substantially the whole of the benefit of the contract. Possible to affirm by silence., Only possible to breach promissory term, not contingent terms - no obligation to. Breach by way of renunciation / render further performance impossible / failing to perform in accordance whether by not performing at all or defectively.)