Sec. 2878. Nature of breach.

Sec. 2879. Treatment of topic of breach.

Sec. 2880. Nature of default.

II. METHOD OF BREAKING CONTRACT A. Renunciation before Performance

Sec. 2881. Classes of breach as to manner of breaking contract.

Sec. 2882. Renunciation before performance is due, as excuse for not tendering performance - General principles.

Sec. 2883. Specific illustrations.

Sec. 2884. Effect of election not to tender performance on right to recover compensation at contract rate, or to have specific performance.

Sec. 2885. Renunciation - Theory of right of action at law before performance is due.

Sec. 2886. Renunciation - Theory of suit in equity before performance is due.

Sec. 2887. Specific illustrations of principle of breach by renunciation - Contracts for personal services.

Sec. 2888. Contracts to intermarry.

Sec. 2889. Contracts for sale of personalty.

Sec. 2890. Other contracts.

Sec. 2891. Renunciation in advance of obligation for the payment of money only.

Sec. 2892. Renunciation - Theory of no right of action before performance is due.

Sec. 2893. Renunciation - Right of election of party not in default.

Sec. 2894. When election to treat renunciation as breach must be made.

Sec. 2895. What amounts to election to treat renunciation as breach.

Sec. 2896. Effect of election to treat contract as in force - General principles.

Sec. 2897. Effect of election to treat contract as in force, as to right to maintain action.

Sec. 2898. Election to treat contract as in force as affecting damages - Theory that damages can not be increased.

Sec. 2899. Theory that damages may be increased.

Sec. 2900. Effect of election to treat renunciation as discharge.

Sec. 2901. What constitutes renunciation - Formal renunciation not essential.

Sec. 2902. Renunciation must be clear and unequivocal.

Sec. 2903. Dispute as to meaning of contract.

Sec. 2904. Request or demand for modification as breach.

Sec. 2905. Renunciation as to present or future time.

Sec. 2906. Renunciation of part of contract.

Sec. 2907. Damages in case of breach by renunciation.

B. Renunciation when Performance is Due

Sec. 2908. Renunciation when performance 19 due - General principles.

Sec. 2909. What amounts to renunciation.

Sec. 2010. Effect of renunciation.

Sec. 2911. Specific examples of renunciation.

C. Voluntary Inability to Perform

Sec. 2012. Voluntary inability to perform - General principles.

Sec. 2013. What amounts to voluntary inability to perform - General principles.

Sec. 2014. Specific illustrations.

Sec. 2015. Voluntary inability affecting part of contract.

Sec. 2016. Voluntary inability - Effect on liability of party in default.

Sec. 2017. Voluntary inability - Effect on rights and liabilities of adversary party.

D. Prevention of Performance by Adversary Party

Sec. 2018. Prevention of performance by adversary party - General principles.

Sec. 2019. What amounts to prevention of performance by adversary party.

Sec. 2020. Specific illustrations - Prevention of test, measurement, etc.

Sec. 2021. Building contracts.

Sec. 2022. Party, who prevents performance not discharged from liability.

Sec. 2023. Party who prevents performance liable in damages.

Sec. 2024. Party whose performance is prevented discharged from future performance.

Sec. 2025. Party whose performance is prevented discharged from liability for damages.

E. Non-performance Sec. 2026. Non-performance as breach. Sec. 2027. Breach need not be wilful.

Sec. 2028. Specific illustrations of breach - Contract for sale of realty. Sec. 2029. Contract for sale of personalty.

Sec. 2030. Breach of contract for work, labor, and personal services. Sec. 2031. Contracts for services other than personal. Sec. 2032. Contract not to compete. Sec. 2033. Building and construction contracts. Sec. 2034. Breach of contract for transportation. Sec. 2935. Breach of contract to make a will. Sec. 2936. Breach of other contracts.

F. Involuntary Inability to Perform

Sec. 2937. Inability to perform executory covenant, as breach.

Sec. 2038. Bankruptcy, as breach.

Sec. 2039. Dissolution of corporation, as breach.

Sec. 2040. Belief in future inability or breach, as discharge.


A. General Principles

Sec. 2941. Relation of covenants to one another - Classification.

Sec. 2942. Nomenclature.

Sec. 2043. Confusion in nomenclature due to resemblance in legal effect.

Sec. 2944. Construction of covenants - Original rule - Scaled contracts.

Sec. 2945. Original rule - Simple contracts.

Sec. 2946. Evasion of original rule - Modern rule.

Sec. 2947. Serjeant Williams' tests for determining nature of covenants.

Sec. 2948. Intention of parties paramount.

Sec. 2949. Relation of covenants as depending on nature of performance.

Sec. 2950. Effect of partial performance or delay on relation of covenants.

B. Precedent and Subsequent Covenants

Sec. 2951. Precedent and subsequent covenants - Definition and classification.

Sec. 2952. Specific types of precedent covenants - Contracts for the sale of land.

Sec. 2953. Contracts for the sale of personalty.

Sec. 2954. Covenants for giving security.

Sec. 2955. Railway aid contracts.

Sec. 2956. Contracts with carriers.

Sec. 2957. Contracts for work, labor, services, etc.

Sec. 2958. Building and construction contracts.

Sec. 2959. Other classes of contracts.

Sec. 2960. Performance of precedent and subsequent covenants.

C. Concurrent Covenants

Sec. 2961. Concurrent covenants - Definition and nature.