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A contract is a written or oral agreement between two or more parties that contains a specified performance or exchange of goods for a specified benefit; i.e. exchange of performance and/or good(s) or, an exchange of monies. A contract is not legal and binding w/o an acceptance andthis is most often done by wriiten consent by way of signature, both cotractor and contrctee. Any failure to perform any portion of the specified performance of said contract by either party constitues a breech of contract. additionally, most general cotracts contained implied performances. Example; if i contrcted someone to roof my home, sheeting the roof with tarpaper would be an implied performance as failure to do so would affect the performance of the specified performance(roof my home) . So, if its a well known given, it is an implied performance and any failure to carry out either specified or implied performances constitutes breech of contract.
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What is the difference between breach of contract and discharge of contract?
Discharged mean terminated. A contract can be discharged by -performance -frustration -Agreement between the parties and -breach If there is a breach of terms of the contract, a contract can be discharged.
What is theDifference between breach of contract and discharge of a contract?
breach is a form of discharge. Generally, a discharge is when a contract ends for any reason. A breach is when one of the parties does not perform under the contract. Breach could lead to discharge, rescission, or damages, or nothing.
Can you sue a company for breach of contract?
Yes, you can sue a company for breach of contract if they fail to fulfill their obligations as outlined in the contract.
Can you sue someone for breach of contract?
Yes, you can sue someone for breach of contract if they fail to fulfill their obligations as outlined in the contract.
Does a breach of contract make the contract null and void?
A breach of contract does not automatically make the contract null and void. The non-breaching party can choose to enforce the contract, seek damages for the breach, or terminate the contract depending on the circumstances and terms of the agreement.
How can a contract be discharged?
Discharge usually results from performance but can occur in other ways: i. the occurrence or failure of a condition which a contract is based; ii. breach of contract; iii. by agreement of the parties; and iv. by operation of law
What is the opposite of obeying a contract?
breach of contract
Is it a breach of contract if there is no specification of date to perform in the contract?
if there is no date specify this does not mean there is a breach. for a breach to occur one of the parties to a contract must not have fully performed their obligations. if there is no date specified in the contract the courts will apply a reasonable date
What if a contract condition is not met?
lawsuit for breach of contract
Is it true that a breach of warranty is not a breach of contract?
No, a breach of warranty is indeed considered a type of breach of contract. A warranty is a promise or guarantee that certain conditions or qualities will be met, and if those conditions are not fulfilled, it constitutes a breach of the contractual agreement. While all breaches of warranty are breaches of contract, not all breaches of contract necessarily involve warranties.
To opt out of a contract?
If you opt out and have the right to do so it is considered terminating a contract. If you unilaterally decide to opt out of a contract and do not have a legal basis to do so; that is considered a breach of contract. If you breach a legal contract you can be sued.
Under what circumstances may breach of contract be charged?
Breach of contract may be charged if either party fails to comply with the terms of a legally valid contract.
