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LEARNING OBJECTIVES
- Understand how performance, partial performance, or no performance may discharge contractual obligations.
- Recognize what rights accrue to the nonbreaching party when the other side announces, before the time for performance, that performance will not be forthcoming—anticipatory breach.
- Understand the concept of the right to adequate assurances, and the consequences if no such assurances are forthcoming.
A person is liable to perform agreed-to contract duties until or unless he or she is discharged. If the person fails to perform without being discharged, liability for damages arises. Here we deal with the second-to-the-last of the four broad themes of contract law: how contract duties are discharged.
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