Party of his intention to continue with the contract. ✔ NOTICE TO AFFIRM THE CONTRACT NEEDED: If innocent party elects toĪffirm the contract, he must give notice, within a reasonable time, to the defaulting ✔ When innocent party insists on the continued performance □affirm the contract. ✔ When innocent party elects to put an end to a contract □ rescind the contract. ✔ # Hwa Chea Lin & Anor v Malim Jaya (Melaka) Sdn Bhd - Common law concept ofįundamental breach is embodied in Section 40. ✔ Firstly, the defaulting party refuses to perform. May, additionally, elect to terminate the contract. ✔ Apart from damages, Section 40 provides for 2 situations in which the innocent party Whatever forms of breach, the innocent party is entitled to damages for losses suffered by him. □ If the consequences are minor, it will only afford a remedy of damages. □ If the consequences are so severe, the breach will allow an innocent party to be discharged. The right to affirm or rescind the contract, only entitle to damages. □ It is a less important term to the contract, a breach of which does not give an innocent party Innocent party the right to rescind or affirm the contract. □ It is an essential and more important terms to the contract, a breach of which gives an Wait until the time the performance becomes due. □ The innocent party has the immediate right to commence action, and he does not need to That he refuses to perform his obligations under the contract when they fall due. □ The defaulting party informs the innocent party, before the time for performance is due, □ The repudiation takes place before the time of performance is due. No intention to perform his obligation when the obligation falls due in future. Repudiation occurs when one of the parties intimates, through words or conduct, that he has Perform any or all of the obligations agreed upon, performing defectively or disabling A party, without lawful excuse, fails to comply with the terms of the contract e.
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