This document discusses breach of contract, including: - Failure to perform contractual obligations is a breach of contract. - Express repudiation is a stated refusal to perform that allows the injured party to discharge the contract and sue for damages or continue with the contract and sue later. - Implied repudiation suggests anticipatory breach through a party's conduct or statements before the time for performance. - Fundamental breach allows discharge if the breach goes to the root of the contract.

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2. Breach of Contract
Performance
 Parties meet the contractual obligations and
promises made
 Must be complete and exact to discharge
the contract
Failure to perform is a breach of contract
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4. Discharge by Means Other
Than Performance
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5. Breach of Contract
 Refusal to carry out the contract promise
 May allow
○ Discharge of the contract
○ Damages
○ Court order requiring performance
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6. Express Repudiation
 Stated refusal to perform
○ Conduct
○ Written or verbal communication
 Anticipatory breach
○ Repudiation before time fixed for performance
○ Allows the injured party to:
 Discharge and sue for damages
 Continue with contract and sue for damages at the
time fixed for performance
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7. Conti…
 Doctrine of Substantial Performance
○ Repudiation after the performance is largely
fulfilled will not allow discharge, only damages
 Warranties
○ Minor or subsidiary promises allow damages
only and not discharge of the contract
 Conditions
○ Major or essential terms that go to the root of
the contract allow discharge, if done promptly
and no further benefit taken, and damages
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8.  Implied Repudiation
 Anticipatory breach: repudiation is
suggested by the conduct of the party or
from statements made before time of
performance
 Fundamental Breach
 Breach goes to the root of the contract
and allows discharge
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9. Remedies for Breach
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