21 Week Contracts Slides

# PCL 1L Contracts    [@peoplescollolaw](https://twitter.com/peoplescollolaw) --- # Part I ## Review --- ## Breach of Contract 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. --- ## Common Law ### Minor 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. --- ## Common Law ### Material (Major) Breach 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. --- ## Benefit of the Bargain The analysis really hinges on this. Have you discussed this already? Yes, when you analyze Consideration. Reuse that analysis for considering breach. --- ## Miscellaneous ### Minor Breach and Anticipatory Repudiation Generally treated as material breach. ### Material Breach and Divisibility Breach only applies to the portions unperformed. --- ## **Determining Materiality of Breach** 1. Amount of Benefit Received 2. Adequacy of Damages 3. Extent of Part Performance 4. Hardship on Breaching Party 5. Negligent or Willful Behavior 6. Likelihood of Full Performance --- ## Failure of Timely Performance - Nature of contract or term - Time is of the Essence clauses --- ## Substantial Performance 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. --- # Part II --- Review Multiple Choice and Essay questions from Winter Quarter final examination --- # Part III Questions, then Cases. --- ### Our cases this week UCC Article 2 Part 6 (pp 835–841 in 6th Ed.) *R&R of Connecticut, Inc. v. Stiegler* *Bartus v. Riccardi* --- :scales: :mortar_board: [@peoplescollolaw](https://twitter.com/peoplescollolaw) :mortar_board: :scales: ---