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FUNDAMENTAL BREACH CONTRACT [3 records]

Record 1 2015-11-16

English

Subject field(s)
  • PAJLO
  • Law of Contracts (common law)
CONT

... A fundamental breach has been defined as one which destroys "the whole contractual substratum, "as undermining the whole contract, as involving a totally different performance of the contract from that intended by the parties, as involving an event which deprives the innocent party of substantially the whole benefit which that party was to obtain under the contract.

French

Domaine(s)
  • PAJLO
  • Droit des contrats (common law)
OBS

violation fondamentale : terme normalisé par le Comité de normalisation, Promotion de l'accès à la justice dans les deux langues officielles (PAJLO).

Spanish

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Record 2 2015-09-25

English

Subject field(s)
  • Law of Contracts (common law)
  • Special-Language Phraseology
CONT

The concept of improper, or no performance, or of deviation from proper performance of the contract, is closely connected with the doctrine of fundamental breach.

French

Domaine(s)
  • Droit des contrats (common law)
  • Phraséologie des langues de spécialité

Spanish

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Record 3 2015-03-05

English

Subject field(s)
  • Law of Contracts (common law)
  • Commercial Law
CONT

A breach of contract, no matter what form it may take, always entitles the innocent party to maintain an action for damages, but the rule established by a long line of authorities is that the right of a party to treat a contract as discharged arises only in two types of case. Firstly, where the party in default has repudiated the contract before performance is due or before it has been fully performed. Secondly, where the party in default has committed what in modern judicial parlance is called a fundamental breach.

French

Domaine(s)
  • Droit des contrats (common law)
  • Droit commercial

Spanish

Campo(s) temático(s)
  • Derecho de contratos (common law)
  • Derecho mercantil
DEF

Parte que falta a sus obligaciones.

Save record 3

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