Use vocabulary regarding breach of contract properly. |
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Discuss the theory of “anticipatory repudiation” giving the party a right to sue prior to the breach. |
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Determine if the breach is material and total or nonmaterial and/or partial. |
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Explain the recourses available to the non-breaching party. |
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Identify the factors a court will consider in determining materiality. |
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Recognize the divisibility of a contract to determine the extent of the breach and extent of recourse available to the non-breaching party. |
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Determine whether there has been a knowing and intentional waiver after a breach has occurred. |