A party is entitled to terminate a contract in circumstances where the term breached…
The basis on which termination and damages may be claimable in the event of breach…
“Every failure to perform a primary obligation is a breach of contract. The secondary obligation on the part of the contract breaker to which it gives rise by implication of the common law is to pay monetary compensation to the other party for the loss sustained by him in consequence of the breach; but, with two exceptions, the primary obligations of both parties so far as they have not yet been fully performed remain unchanged. This secondary obligation to pay compensation (damages) for non-performance of primary obligations I will call the “general secondary obligation.” It applies in the cases of the two exceptions as well.”(409)…
Accordingly, the common law implies an obligation to pay damages in cases of failure…
In the event of breach which entitles termination, the innocent party has a right…
