(a) Performance of a contract cannot be terminated on grounds of a breach of an innominate term. The only remedy for breach of an innominate term is a claim for damages.
(b) As soon as there is a breach of a condition in a contract, the defaulting party automatically looses their right to discharge outstanding obligations by performing them.
(c) Even when performance of a contract is terminated on grounds of breach of contract, the defaulting party remains liable to pay damages for losses caused by their failure to perform.
|