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59-416: Obligations vary from person to person: for example, a person holding a political office will generally have far more obligations than an average adult citizen, who themselves will have more obligations than a child. Obligations are generally granted in return for an increase in an individual's rights or power. The term obligate can also be used in a biological context, in reference to species which must occupy

118-433: A fungus , that can live as a saprotroph but also form mutualisms with other organisms at different times of its life cycle. Facultative biped , an animal that is capable of walking or running on two legs as well as walking or running on four limbs or more, as appropriate Facultative carnivore , a carnivore that does not depend solely on animal flesh for food but also can subsist on non-animal food. Compare this with

177-453: A 1990 commercial retail lease case noted that "the overwhelming majority of [US] jurisdictions... hold the landlord's right to terminate is not unlimited. We believe a court's decision to permit termination must be tempered by notions of equity and common sense. We thus hold a forfeiture for a trivial or immaterial breach of a commercial lease should not be enforced." In Rice (t/a The Garden Guardian) v Great Yarmouth Borough Council (2000),

236-409: A breach of an agreement is "material" must depend upon all the facts of the particular case, including the terms and duration of the agreement in question, the nature of the breach, and the consequences of the breach. when judging what the parties meant when they referred to a breach having to be "material" and "remediable" ( sic ) it seems to me that they must have had in mind, at least to some extent,

295-402: A certain niche or behave in a certain way in order to survive. In biology, the opposite of obligate is facultative , meaning that a species is able to behave in a certain way and may do so under certain circumstances, but that it can also survive without having to behave this way. For example, species of salamanders in the family Proteidae are obligate paedomorphs , whereas species belonging to

354-456: A citizen should follow a law simply because it is a law. There are various views about whether a political obligation is a moral obligation. John Rawls argues that people do have political obligations because of the principle of fairness . Humanity benefits from the joint effort of the government, so, in fairness, they should be active and supportive members of this effort. There are people, however, such as Robert Nozick , who argue enjoyment of

413-435: A community effort does not mean obligation to that effort. Social obligations refer to the things humans as individuals accept because it is collectively accepted. When people agree to a promise or an agreement, they are collectively consenting to its terms. Humanity is obligated to fulfil that promise or agreement. English law distinguishes in some case law between primary and secondary obligations. A "secondary obligation"

472-400: A contract specifies time is of the essence or otherwise contains an express or implied term that times for performance are critical, stipulations as to time will be conditions of the contract. Accordingly, if a party fails to meet a meet the time stipulations, it will be a breach of a condition of the contract, entitling the innocent party to terminate. Breach of a condition of a contract

531-480: A contractual obligation even when willing or able. These classifications describe only how a contract can be breached, not how serious the breach is. A judge will make a decision on whether a contract was breached based on the claims of both parties. The first type above is an actual breach of contract. The two other types are breaches as to the future performance of the contract and are technically known as renunciatory breaches. The defaulting party renunciates

590-447: A cure period may not be available where the innocent party chooses to accept a repudiatory breach and therefore exercise its common law rather than its contractual rights. Fundamental breach of contract is no longer the test for a serious breach of contract to justify termination. The test is that set out for repudiatory breach, above. The concept of fundamental breach as a free standing legal concept no longer has any legal force but

649-471: A host Facultative photoperiodic plant , a plant that will eventually flower regardless of night length but is more likely to flower under appropriate light conditions. Facultative saprophyte , lives on dying, rather than dead, plant material facultative virus See also [ edit ] (antonym) Obligate Opportunism (Biology) Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with

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708-601: A manner which is inconsistent with the terms of the contract also shows an intention not to perform the contract. Whether such conduct is so severe so as to amount to a renunciatory breached depends upon whether the threatened difference in performance is repudiatory. An intention to perform connotes a willingness to perform, but willingness in this context does not mean a desire to perform despite an inability to do so. To say "I would like to but I cannot" negatives intent just as much as "I will not". Contracting parties must perform contracts in strict accordance with their terms: what

767-436: A material breach: In determining whether a failure to render or to offer performance is material, the following circumstances are significant: Renunciatory breach (usually referred to as anticipatory breach or breach by anticipatory repudiation ) is an unequivocal indication that the party will not perform when performance falls due or a situation in which future non-performance is inevitable. An anticipatory breach gives

826-446: A party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo

885-479: A repudiation. However: The reason for a defaulting party committing an actual breach is generally irrelevant to whether it constitutes a breach, or whether the breach is a repudiation (this is an incident of strict liability for the performance of contractual obligations). However, the reason may be highly relevant to what such breach would lead the reasonable observer to conclude about the defaulting party's intentions in relation to future performance and therefore to

944-484: A repudiatory breach. Simply because a term in a contract is stated by the parties to be a condition does not necessarily make it so. Such statements though are one of the factors taken into account to decide whether it is a condition or warranty of the contract. Other than where the colour of the pipes went to the root of the contract (suppose the pipes were to be used in a room dedicated to artwork related to plumbing, or dedicated to high fashion), it would more than likely be

1003-423: A secondary obligation for the purpose of enforcing a principal obligation. An aggrieved party may demand either the stipulated damages or the performance of the principal obligation, but may not demand both except for delay. facultative [REDACTED] The present page holds the title of a primary topic , and an article needs to be written about it. It

1062-529: A term is a warranty or a condition of the contract. In respect to the EPC Agreements, material breach is defined as "shall mean a breach by either Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure". Other UK cases which relate to the concept of a material breach include: Whether

1121-404: A warranty, not a condition. The general rule is that stipulations as to time in a contract are not conditions of the contract (there are exceptions, such as in shipping contracts; it depends in part upon the commercial importance of timely delivery in all the circumstances of the case). As such, missing a date for performance stipulated in a contract is usually a breach of warranty. However, when

1180-431: Is a duty which arises in law as a consequence of another, primary, obligation. A person may themselves incur an obligation to perform a secondary obligation, for example, as a result of them breaching their primary obligation, or by another party breaching an obligation which the secondary obligor has guaranteed . The England and Wales Court of Appeal noted in the case of AB v CD (2014) that The primary obligation of

1239-940: Is believed to qualify as a broad-concept article . It may be written directly at this page or drafted elsewhere and then moved to this title. Related titles should be described in Facultative , while unrelated titles should be moved to Facultative (disambiguation) . [REDACTED] [REDACTED] Look up facultative in Wiktionary, the free dictionary. Facultative means "optional" or "discretionary" (antonym obligate ), used mainly in biology in phrases such as: Facultative (FAC), facultative wetland (FACW), or facultative upland (FACU): wetland indicator statuses for plants Facultative anaerobe , an organism that can use oxygen but also has anaerobic methods of energy production. It can survive in either environment Facultative biotroph , an organism, often

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1298-417: Is different from Wikidata All article disambiguation pages All disambiguation pages Breach of contract Breach of contract is a legal cause of action and a type of civil wrong , in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when

1357-602: Is known as a repudiatory breach . Again, a repudiatory breach entitles the innocent party at common law to (1) terminate the contract, and (2) claim damages. No other type of breach except a repudiatory breach is sufficiently serious to permit the innocent party to terminate the contract for breach. Contracts often use wording other than repudiatory breach to describe a type of breach of contract. These contractual terms include material breach , fundamental breach , substantial breach , serious breach . These alternative wordings have no fixed meaning in law but are interpreted within

1416-412: Is more than trivial, but need not be repudiatory" and confirmed as meaning "a breach which is substantial. The breach must be a serious matter, rather than a matter of little consequence." A breach of contract will likely constitute a material breach if the term of the contract which has been breached is a condition of the contract. A variety of tests may be applied to terms of contracts to decide whether

1475-500: Is now simply another possible term of a contract that needs to be construed like any other term of a contract. A fundamental breach is usually read as a reference to a repudiatory breach. A term may be a condition in Australian law if it satisfies one test known as the test of essentiality. The test of essentiality requires that the promise (term) was of such importance to the promisee that he or she would not have entered into

1534-405: Is of a breach of warranty, condition or innominate term. In terms of priority of classification of these terms, a term of a contract is an innominate term unless it is clear that it is intended to be a condition or a warranty . Any breach of contract (warranty, condition or innominate term) gives rise to a right in the hands of the innocent party to recover their damage suffered which caused by

1593-475: Is primarily liable. The liability of the guarantor is secondary. The Appeal Court observed in 1973 that the determination of whether a document is a guarantee or an indemnity, or whether it imposes a secondary or a primary liability, will always depend upon "the true construction of the actual words in which the promise is expressed". Under the Louisiana Civil Code , "stipulated damages" create

1652-410: Is the difference in value between red pipe and blue pipe. Since the color of a pipe does not affect its function, the difference in value is zero. Therefore, no damages have been incurred and the homeowner would receive nothing (see Jacob & Youngs v. Kent .) However, had the pipe color been specified in the agreement as a condition , a breach of that condition may well constitute a "major"—i.e.

1711-532: The Ambystomatidae are facultative paedomorphs. In finance, "obligated" refers to funds within authorised budgets which have become legally binding expenditure commitments e.g. through letting a contract. In the Catholic Church, Holy Days of Obligation or Holidays of Obligation, less commonly called Feasts of Precept, are the days on which, as canon 1247 of the 1983 Code of Canon Law states,

1770-485: The UK Court of Appeal decided that a clause which provided that the contract could be terminated "if the contractor commits a breach of any of its obligations under the contract" should not be given its literal meaning : it was considered "contrary to business common sense" to allow any breach at all, however trivial, to create grounds for termination. A material breach has been held to mean "a breach of contract which

1829-453: The breach of contract by the defaulting party. Damages in the UK are the only remedy available for breach of a warranty. Those damages can come in different forms such as an award of monetary damages, liquidation damages, specific performances, rescission , and restitution . Damages are classified as being compensatory or punitive. Compensatory damages are rewarded in an attempt to make place

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1888-461: The commercial consequences of the breach. A party in breach of contract may have the right to remedy their breach, for example if the breach itself is remediable and a provision for remedy or a time period for exercising such as right is included within the contract. In the case of Vinergy International (PVT) Ltd v Richmond Mercantile Limited FZC (2016), a clause within the contract between the disputing parties stated that "failure ... to observe any of

1947-426: The context of the contract that they are used. For that reason, the meaning of the different terms varies from case to case. Possible interpretations of their meaning include "repudiatory breach", and "serious breach, but not as serious as a repudiatory breach". A trivial breach is one that does not meet the standard for designation as a material, serious or substantial breach. An Arizona Supreme Court decision in

2006-489: The contract in advance of when it is required to performs its obligations. Renunciatory breach is more commonly known as "anticipatory breach." The general law has three categories of breaches of contract, which measure of the seriousness of the breach. In the absence of a contractual or statutory provision, any breach of contract is categorized: There is no "internal rating system" within each of these categories (such as "a serious breach of warranty"). Any breach of contract

2065-411: The contract without the assurance of strict or substantial performance of the promise, and that ought to have been apparent to the promisor. This is an objective test of the parties' intention at the time of formation of the contract. If the contractor in the above example had been instructed to use copper pipes but instead used iron pipes that would not last as long as the copper pipes would have lasted,

2124-406: The contract. A legal contract, which does not need to be made in writing, consists of an offer , an acceptance of that offer, an intention to bind to one another in a legal agreement and a consideration , something of value to be exchanged. A political obligation is a requirement for the citizens of a society to follow the laws of that society. There are philosophical issues, however, about whether

2183-452: The contract. The innocent party cannot sue the party in default for specific performance : only damages . Injunctions (specific performance is a type of injunction) to restrain further breach of a warranty are likely to be refused on the basis that (1) injunctions are a discretionary remedy, and (2) damages are an adequate remedy in the circumstances of the case. Suppose a homeowner hires a contractor to install new plumbing and insists that

2242-419: The courts, but cases where the award of such damages has been considered and agreed include Jarvis v Swans Tours Ltd (1972) and Farley v Skinner (2001). A right to terminate a contract arises for: An innocent party is therefore entitled to elect to terminate a contract only for breach of a condition of the contract, repudiatory breach or renunciatory breach. To terminate a contract for repudiatory breach,

2301-407: The defaulting party is told that a repudiatory breach has been "accepted" that the contract is terminated. If the defaulting party is not told the repudiatory breach has been accepted, the contract continues in force. An innocent party is not compelled to exercise its right to terminate, and accept a repudiatory breach. Otherwise, the contract continues in force. Conduct is repudiatory if it deprives

2360-473: The faithful are obliged to participate in the Mass . An obligation is contract between an individual and the thing or person to which or whom they are obligated. If the contract is breached the individual can be subject to blame. When entering into an obligation people generally do not think about the guilt that they would experience if the obligation were not fulfilled; instead they think about how they can fulfil

2419-481: The homeowner can recover the cost of actually correcting the breach by taking out the iron pipes and replacing them with copper pipes. There are exceptions. Legal scholars and courts have been known to find that the owner of a house whose pipes are not the specified grade or quality (a typical hypothetical example) cannot recover the cost of replacing the pipes for the following reasons: Most homeowners would be unable to collect damages that compensate them for replacing

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2478-433: The innocent party in the position that would have been occupied "but for" the breach. Those damages are most often awarded as payments. Punitive damages are given to "punish or make an example of a wrongdoer who has acted willfully, maliciously or fraudulently". Punitive damages are awarded only in extreme cases and usually along with compensatory damages. Damages for distress or disappointment are not generally allowed by

2537-406: The innocent party must tell the defaulting party. Many commercial contracts include clauses that set out a process whereby notice must be given and in what form. Consequently, if there is a written contract, care should be taken to check the contract terms and to ensure compliance notwithstanding that the other party may, on the face of it, have committed a clear and repudiatory breach. It is only when

2596-399: The innocent party of substantially the whole of the benefit intended to be received as consideration for performance of its future obligations under the contract. Different forms of words are used by courts to express this central concept. The most prominent is whether the breach goes to the root of the contract . Those forms of words are simply different ways of expressing the "substantially

2655-433: The innocent party the option to terminate the contract immediately and sue for damages or to wait for the time of performance. If the party required to perform does not do so when it is required by the contract, the innocent party can terminate then. For example, A contracts with B on January 1 to sell 500 quintals of wheat and to deliver it on May 1. Subsequently, on April 15, A writes to B and says that he will not deliver

2714-418: The issue of renunciation. Often, the question whether conduct is a renunciation falls to be judged by reference to the defaulting party's intention, which is objectively evinced by past breaches and other words and conduct. A breach of a warranty of a contract creates a right to damages for the loss suffered, which was caused by the breach. These "minor" breaches do not entitle the innocent party to terminate

2773-424: The obligation. Rationalists argue people respond in this way because they have a reason to fulfill the obligation. According to the sanction theory, an obligation corresponds to the social pressures one feels, and is not simply derived from a singular relationship with another person or project. In the rationalist argument, this same pressure adds to the reasons people have, thereby strengthening their desire to fulfill

2832-449: The obligation. The sanction theory states there needs to be a sanction in order for a duty to be a moral duty. Sociologists believe that obligations lead people to act in ways that society deems acceptable. Every society has their own way of governing, they expect their citizens to behave in a particular manner. Not only do the citizens have to oblige to the societal norms, they want to, in order to assimilate to society. Some philosophers on

2891-626: The other hand, argue that rational beings have moral duties, they make a choice to either fulfill these moral duties or disregard them. They have a moral responsibility to fulfill their obligations. Duty is seen as the response to an individual's obligations. Obligations require an action being done and duty is the carrying out of this action. Sociologists believe that an obligation is an objective force. Some philosophers however, believe obligations are moral imperatives. Written obligations are contracts . They legally bind two people into an agreement. Each person becomes responsible for doing their part of

2950-514: The party to a contract [is] to perform his contractual obligations. The obligation to pay damages in the event of breach is a secondary obligation. and in relation to the Statute of Frauds , Lord Justice Maurice Kay commented in 2009 that A guarantee is, in the words of the Statute, a promise "to answer for the debt default or miscarriage of another person". There must be another person who

3009-529: The pipes but would be awarded damages that compensate them for the loss of value in the house. For example, if the house is worth $ 125,000 with copper and $ 120,000 with iron pipes, the homeowner would be able to collect the $ 5,000 difference and nothing more. In the United States, the Restatement (Second) of Contracts lists the following criteria to determine whether a specific failure constitutes

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3068-404: The pipes, which will ultimately be hidden behind the walls, must be red. The contractor instead uses blue pipes that function just as well. Although the contractor breached the literal terms of the contract , the homeowner cannot ask a court to order the contractor to replace the blue pipes with red pipes. The homeowner can only recover the amount of his or her actual damages. In this instance, this

3127-441: The stipulated or reasonable period, there has been a breach of contract. A further form of breach of contract is conduct indicating an unwillingness or inability to perform an obligation arising from that contract. As noted by Seddon et al, these forms of breach of contract overlap, and an actual failure to perform may manifest an unwillingness or inability to perform. This is not always the case: an individual may fail to perform

3186-425: The term omnivore Facultative heterochromatin , tightly packed but non-repetitive DNA in the form of Heterochromatin , but which can lose its condensed structure and become transcriptionally active Facultative lagoon , a type of stabilization pond used in biological treatment of industrial and domestic wastewater Facultative parasite , a parasite that can complete its life cycle without depending on

3245-399: The terms herein and to remedy the same where it is capable of being remedied within the period specified in the notice given by the aggrieved party to the party in default, calling for remedy, being a period not less than twenty (20) days" would constitute grounds for termination of the contract. The period allowed for such a remedy may be referred to as a "cure period". A right to make use of

3304-424: The title Facultative . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Facultative&oldid=1145086846 " Categories : Disambiguation pages Biology terminology Hidden categories: Disambiguation pages to be converted to broad concept articles Short description

3363-410: The whole benefit" test. Sometimes the innocent party may be deprived of its entitlement to damages for repudiatory breach of contract: Conduct is renunciatory if it shows an intention to commit a repudiatory breach. The conduct would lead a reasonable person to conclude that the party does not intend to perform its future obligations when they fall due. Showing an intention to perform a contract in

3422-407: The work unless doing so would directly charge the other party at that exact time. There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes the first and most obvious type of breach. A contract lays down what must be done, what cannot be done, and when it must be done. If what was prescribed has not been done within

3481-495: Was agreed in the first instance when the contract was formed. To do otherwise is therefore a breach of contract. In the event of a renunciatory breach, the innocent party may: If the defaulting party does not perform when the time for performance arrives, the contract may be terminated. However, if the defaulting party performs, the right to terminate is lost forever. Conduct comprising a breach for performance of contractual obligations that have fallen due may be insufficient to be

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