ABSTRACT
Performance and Breach Introduction The topics of performance and breach have links with two other areas. First, the issue of whether a particular term is a ‘condition’ or a ‘warranty’ ties in with discussion of the contents of the contract (dealt with in Chapter 5). Indeed, contract texts will often deal with the issue at that point. Secondly, the question of what the consequences are of breaking a contract, and in particular whether there is a right to treat the contract as repudiated, has obvious connections with the whole topic of remedies (which is covered in Chapter 12). Questions may well, therefore, overlap with these other two areas.
