Nonperformance of Contractual Duty (Breach of Contract). Meaning and Requisites of Nonperformance Type of Nonperformance Effect of Nonperformance Impossibility. Meaning and Requisites of Nonperformance. Existence of a Contractual Duty There is a valid contract or an obligation.
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Meaning and Requisites of Nonperformance
Type of Nonperformance
Effect of Nonperformance
A may claim damages based on torts liability (§184) or liability due to breaching contractual duty(§470, 231); or rescind contract, then claim restitution (§254,259,179)
Loan for use: valid, §464,470)
Sale of goods: valid, §345,348,367)
Contract for transference of ownership (alienation) (118, indefinitely valid)
If C not in good faith: A may claim it back under §767.
If C in good faith: C gains its ownership under §948, 801