Help with Breach: Material - Partial - Total
Posted: Fri Dec 03, 2010 4:17 pm
Could y'all fill in the ?s and check my workflow for analyzing a breach? Common law, not UCC.
1. Is the breach Material? - R2K 241 factors.
- If Yes, determine if the breach is Partial or Total.
- If No, ???
2. Partial Breach
- A breach is partial when there is a possibility of a cure.
- Breaching party may either: Cure defect, or Pay damages for remainder of performance (cost to complete or difference in value)
- Nonbreaching party's duty is only suspended, not terminated.
3. Total Breach
- A breach is total if ... R2K 242 factors.
- (what are the nonbreaching party's options for total breach? damages, etc.)
4. Substantial Performance? (I don't understand how this is intertwined with material/total/partial breach)
1. Is the breach Material? - R2K 241 factors.
- If Yes, determine if the breach is Partial or Total.
- If No, ???
2. Partial Breach
- A breach is partial when there is a possibility of a cure.
- Breaching party may either: Cure defect, or Pay damages for remainder of performance (cost to complete or difference in value)
- Nonbreaching party's duty is only suspended, not terminated.
3. Total Breach
- A breach is total if ... R2K 242 factors.
- (what are the nonbreaching party's options for total breach? damages, etc.)
4. Substantial Performance? (I don't understand how this is intertwined with material/total/partial breach)