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If a party enters into an arrangement which can only take effect by the continuance of a certain existing state of circumstances, there is an implied engagement on his part that he shall do nothing of his own motion to put an end to that state of circumstances under which alone the arrangement can become operative." Also where a binding contract is subject to a condition precedent, a term may be implied that a party will not do an act which, if done, would prevent fulfilment of the condition.
By Dharmendra Rautray (Barrister)
What else can I help you with?
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 anticipatory breach?
An anticipatory breach is a breach of contract in law where one party indicates prior to the time of performance that it will not perform when performance is due.
Does delay of time for performance lead to breach of contract?
No, normally there is no expectation of a time limit on the performance of a contract. If there is, it must be negotiated at the time the contract is formed
What Is partial performance legal?
Generally, complete performance is required to discharge the contract. Anything less is called 'Partial' performance and amounts to a breach of contract.
What are the similarities of breach of contract and frustration of contract?
Frustration is when something happens that makes it impossible to perform the contract or makes it so that performance of the contract would undermine the purpose of the contract, whereas breach is caused by a non-performance under the contract.
What is the verb for breach?
The verb for breach is "to breach." For example, "The company breached the contract by failing to deliver the goods on time."
What is the difference between a breach of warranty and a breach of contract?
A breach of warranty occurs when a product does not meet the promises made about its quality or performance, while a breach of contract happens when one party fails to fulfill their obligations as outlined in a legally binding agreement.
What rights and remedies are available to individuals in cases of breach of contract?
Individuals have the right to seek remedies such as damages, specific performance, or cancellation of the contract in cases of breach. These remedies aim to compensate the non-breaching party for losses incurred due to the breach of contract.
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
Is Anything less than complete performance a material breach of a contract?
Not necessarily. A material breach of contract occurs when one party fails to perform a significant aspect of the agreement, affecting the overall purpose of the contract. Minor or partial performance may not always constitute a material breach, but it could still lead to issues or disputes between the parties.
What are the available equitable remedies for breach of contract?
Equitable remedies for breach of contract include specific performance, injunctions, rescission, and restitution. These remedies aim to provide fair and just outcomes when a contract is not fulfilled as agreed upon.
What are some examples of breach of contract and how can they be resolved?
Examples of breach of contract include failure to deliver goods or services as promised, failure to make payment as agreed, or failure to meet deadlines. Breach of contract can be resolved through negotiation, mediation, arbitration, or by taking legal action in court. Resolving a breach of contract typically involves seeking damages or specific performance to enforce the terms of the contract.
