When a promisor is under an absolute duty to perform, and their duty is not subject to discharge, they are in breach. The non-breaching party must demonstrate that they were willing, ready, and able to perform in order to bring an action for breach.
A minor breach occurs at common law when a party receives a substantial benefit of their bargain. Damages are available for the defective portion of the performance, and the nonbreaching party still obligated to perform their duties under contract.
A material breach occurs at common law when a party does not receive a substantial benefit of their bargain as a result of the breaching party's defective performance or failure to perform. The nonbreaching party does not owe any counter-performance, and is entitled to an immediate right to remedies.
The analysis really hinges on this. Have you discussed this already? Yes, when you analyze Consideration. Reuse that analysis for considering breach.
Generally treated as material breach.
Breach only applies to the portions unperformed.
At common law, if its found that there's substantial performance, then the breach is minor and vice versa.
Remember I told you during discharges that if you're going to raise either substantial performance or minor breach, then you must discuss both.
Review Multiple Choice and Essay questions from Winter Quarter final examination
Questions, then Cases.
UCC Article 2 Part 6 (pp 835–841 in 6th Ed.)
R&R of Connecticut, Inc. v. Stiegler
Bartus v. Riccardi