Activity
Mon
Wed
Fri
Sun
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
What is this?
Less
More
Studicata

19.4k members • Free

Law Skool Advantage

138 members • $14/month

1 contribution to Law Skool Advantage
Material Breach/Substantial Performance v. Perfect Tender
OK, who is daring enough to take a shot at explaining the differences between the common law standard of material breach or substantial performance versus the UCC Article 2 concept of perfect tender. Go!
1 like • Mar 25
As I’m polishing up my rules I am going to give this a shot. A material breach is when a party fails to substantially perform under the contract. The non breaching party may stop performance or sue. If a breach is willful and/or done in bad faith, substantial performance and equitable estoppel is not available. The breaching party must bear the cost of departing from the contract’s terms. Factors to consider: - is the breach so pervasive that it frustrates the contract? - Did the aggrieved party get the benefit of the bargain? - Did D perform the main part of K and was it enough?
1-1 of 1
Vanessa Benavides
1
4 points to level up
@vanessa-benavides-8783
JD Candidate

Active 7h ago
Joined Feb 13, 2026
Powered by