Explain what may constitute a material breach and list the relevant factors in determining if a material breach exists
A material breach is an unjustified failure to perform substantially the obligations promised in a contract. The key is whether, despite the breach, the aggrieved party got substantially what he bargained for. The Restatement lists a number of relevant factors: (a) the extent to which the injured party will be deprived of the benefit he reasonably expected; (b) the extent to which the injured party can be adequately compensated; (c) the extent to which the party failing to perform will suffer forfeiture; (d) the likelihood that the party failing to perform will cure his failure; and (e) the extent to which the behavior of the party failing to perform comports with standards of good faith and fair dealing. An intentional breach is generally held to be material.
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Answer the following statement true (T) or false (F)
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Indicate whether the statement is true or false
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