Material breach, partial breach, and substantial performance
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BAR EXAM · FLASHCARDS
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QUESTION
When does a material breach become a total breach that permits termination?
QUESTION
What may a party recover under a divisible contract after breaching a later installment?
QUESTION
What may a party do when the other party commits a material breach?
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ANSWER
Suspend its own performance and, if the breach is not cured, terminate and sue for total breach. A material breach also gives an immediate claim for damages.