EGYPTIAN LAW STUDENTS EZZ BASSYOUNI ezzbassyouni@gmail.com

1. CONTRACT
BREACH
law students
ezzbassyouni@gmail.com
0125297655 Alexandria

2. Unjustified
failure to
perform terms of
a contract.
WHAT IS A BREACH?

3. failure to complete a
job.
failure to pay on time.
providing inferior goods
or service. SO BREACH
It is abroken promise to
do or provide something
EXAMPLE

4. a plaintiff
allegations of
breach falls into one
of the three
catagories.
3 CATAGORIES

5. Breach of
Anticipatory
repudiation‫النبذ‬ ‫متوقع‬
‫والرفض‬
1

6. Breach by non-
performance
breache by non
conforming ‫متوافق‬ ‫مالئم‬
performance .
2

7. Breach by
anticipatory
repudiation
(Iam not going to
do what I
promised to do ).

8. NOTE Merly asserting
that performance is
difficult or uncertain .
it is not a breach
Iam not be able to
perform
this not a breach.

9. What about A non-
breaching party?
non breaching party may
wait and see or ignore
non breaching party may
make other contracts to
cover his needs .

10. Breaching party may
resume performance if
nonbreaching party has not
changed position in reliance
on the repudiation.
Nonbreaching party can sue
the breaching party and ask
for remedies .

11. 2- Breache
by failure to
perform .

12. ask your self
Does the contract
expressly state
the term alleged
to have been
breached?

13. Sometimes the
contractual
promises are
obvious
sometimes not.

14. offers/counter
offers.
last shot doctrine.
battle of the forms
last shot is the last
shot of controls .
parol evidence.

15. We may look for the
sequence of
communications and
know the last shot of
negotiation that
control the contract.

16. parol evidence
many contracts are
products of negotiations.
if negotions precede a
writing some
negotiationed terms may
be unintentionally omitted

17. Parol terms oral terms ,or
if written,that something
are not in the final
writing.
Note –SOME PARTIES
INSIST TO WRITE ---
this writing is the final
expression of the
agreement of the parties.

18. Parol evidence rule.
In absence of
fraud,duress,or mutual
mistakes evidence of
agreements or negotiations
prior to the final writing can
not be used to contradict or
alter that final writing or add
inconsistent terms.

19. We can use evidence
of the negotiations
and that may be
allowed if we can
explain or clarify ,not
to contradict the
orignial contract.

20. the alleged breache can be
implied ?
by statute
workers will paid minmum wages.
common law rule
course of performance
course of dealing ,conduct in the
past.
custom
if so ,you breach the contract

21. 3-BREACH BY NON CONFORMING
performance.
promise is performed but
may be late incomplete.
Performance, may be
substandard to what was
promised.

22. warranty
a guarantee or promise
which provides assurance
by one party to the other
that specific facts or
conditions are true or will
happen,ex, I will give you
this item for three years
free of defects .