A Breach of Contract

[Date of Submission]

Introduction3

Discussion3

Types of Breach of Contract3

Anticipatory Breach4

Fundamental Breach4

Material Breach4

Minor Breach4

Remedies to Breach of Contract4

Defenses to Breach of Contract5

Statute of Limitations5

Mistake5

Undue Influence6

Duress6

Fraud6

A Famous Case of Breach of Contract6

Breaches of the Contract7

Pertinence of Damages8

A Conceivable Outcome9

Conclusion9

A Breach of Contract

Introduction

A legal cause of action in which by interference with the other's party performance or by one or more of the parties to the contract by non-performance do not honor a bargained or a binding agreement for exchange, is a breach of contract. One said to breach the contract, if he seems to be unable to perform the contract by his conduct and action or as mentioned in the contract if the party has given information to the other party that he will not perform his duty or of the party does not fulfill his contractual promise (Burton, 1980). It is not uncommon not to completely fulfill by one party her or his part of the contract agreement, whereas, when contractual obligations have been fulfilled by both parties, the contract ends.

The most common reason contract disputes for resolution is a breach of contract that is brought to a court. The defendant of the breach must be notified by the plaintiff, compare to verbal notification, a writing notification is much better; everything required in the contract must be done by the plaintiff, the contract breached by the defendant must be shown by the plaintiff and all essential contract elements must be contained by the contract in order to be heard by a court and to be valid, these are the requirements that must be met by a breach of contract to be upheld by a court.

Discussion

Types of Breach of Contract

Anticipatory breach, fundamental breach, material breach and the minor breach are the four types of breach of contract.

Anticipatory Breach

A situation in which future non-performance in inevitable or an unequivocal indication that the party will not perform when performance is due, is an anticipatory breach or breach by anticipatory repudiation (Cunnington, 2008). Sue for damages and termination of contract in case if repudiatory or the option to treat a breach as immediate, is given to the non-breaching party by an anticipatory breach.

Fundamental Breach

The permission to terminate performance of the contract by the aggrieved party is a repudiatory or a fundamental breach. To sue for damages is the title given to that party in addition.

Material Breach

To collect damages or either compel performance permitted to the other party to the contract because of the breach by any failure to perform is a material breach (White, 1988).

Minor Breach

The non-breaching party can only sue for actual damages, not for specific performance in case of any substantial performance or immaterial, or a partial breach is a minor breach.

Remedies to Breach of Contract

To be made whole, the plaintiff has several ways, in case if one party is found to be in breach of a contract, is called a remedy. Monetary payment is the most common remedy. The termination or rescind of a contract is allowed to an injured party ...