2. Step 6
• Step 6: Breach and its remedial consequences.
If performance obligations created by K have
matured and they have n/ been excused and
factually they have n/ been performed, there
is a breach of the contract.
3. Step 6
• A party to a K which had a fully matured
obligation has either:
–Failed to perform,
–Refused to perform, or
–Defectively performed
4. Step 6
• In the face of breach, there are two critical
things to be on the lookout for:
–Affirmative obligations of the aggrieved
parties: Faced w/ a breach of the K,
determine what the impact of that breach is
upon the affirmative duties of the aggrieved
party
–Everyone instinctively rushes to this point:
Remedies (remedial rights that accrue to
aggrieved party)