What constitutes a fundamental breach of a contract?
British Columbia, Canada
The following excerpt is from McIsaac v. Healthy Body Services Inc., 2009 BCSC 1716 (CanLII):
A fundamental breach may occur either through one material breach of the contract or by the cumulative effect of the defaulting party making a number of unilateral changes to the agreement: Kussmann v. AT&T Capital Canada Inc., 2002 BCCA 281 at para. 50.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
How much reduction is required for a reduction in salary to constitute a fundamental breach of employment law? (British Columbia, Canada)
Does a judge have authority to voide a contract where a contractor has been found in breach of the contract? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
What is the test for repaying a contract where a party has been found to have committed a breach of the contract? (British Columbia, Canada)
What is the test for a fundamental breach in a contract? (British Columbia, Canada)
Can an owner terminate a contract where the contractor has breached the contract due to poor quality or defective work? (British Columbia, Canada)
