![]() ![]() A party is not automatically excused from the future performance of contract obligations every time the other party commits a breach if a breach is relatively minor and non-essential, the non-breaching party is still bound by the contract and may not abandon his duty to perform. However, not every breach discharges the non-breaching party’s continued or future obligations under the contract. Under common law, every breach gives rise to a claim for damages. A “breach of contract” is a violation of a contractual obligation by failing to perform one’s own promise by either repudiating it or interfering with another party’s performance. However, parties should be careful in defining events of default and their consequences.Ī “contract” is a promise or a set of promises for which the law recognizes a duty of performance and gives a remedy for breach of that duty to perform. As set forth below, contractual default provisions can help courts accurately interpret the specified “events” that give rise to a breach of contract as well as the type and consequence of the breaches. Further, not every breach entitles the non-breaching party to a remedy. While seemingly straight-forward, proving a breach can be a tough burden to bear. In a typical breach of contract action, the party asserting breach must prove: 1) the existence of a contract, 2) the existence and nature of the breaching party’s breach, and 3) damages. Search Blog Modification of Common Law Contract Interpretation in Breach of Contract Actions by Contractual Default Provisions ![]()
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