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Performance and Breach - Coggle Diagram
Performance and Breach
breach: any non-performance of a contractual duty at a time when performance of that duty is due
however performance not required, if there is a justification
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types of breach
- if have substantial performance then don’t have material breach; if don’t have substantial performance then have material breach
material breach is temporary state, can become partial if cured in time and if too much delay then becomes total breach
- Total breach: is a breach that is so severe, it discharges other party from the contract, difference from material breach because only have to suspend | total doesn’t mean no performance, just means breached enough to discharge other party allowing them to walk away from the k
- Substantially breach or also called partial breach: under this, the other side has to keep performing, don’t get to suspend or walk away, have to keep doing your promise/work
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