Without lawful excuse: frustration, party fails to perform obligation imposed under the terms, performs an obligation defectively: failing to meet standard
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What is a primary obligation?
They determine the performance due under the terms of the contract (main obligations), breach of primary triggers secondary obligation to pay damages
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What is a secondary obligation?
To pay damages
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Types of obligation?
Strict & qualified, strict: must perform precisely, qualified: must be carried out to a standard of reasonable care and skill: services and goods
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Consequences of a breach?
On proof of breach, you can claim damages as a right (unless a valid exemption clause) unless it is a repudiatory breach the contract continues and future obligations must be performed
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Other cards in this set
Card 2
Front
What is a primary obligation?
Back
They determine the performance due under the terms of the contract (main obligations), breach of primary triggers secondary obligation to pay damages
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