A party to a contract erroneously acted on an assumption involving breach of a innominate term.That party is itself now being sued for breach.Which of the following would a lawyer likely indicate was the erroneous action taken by this party?

Question

Quizplus · Accepted Answer

The erroneous action taken by the party was likely the repudiation of the contract based on an incorrect assumption regarding a breach of an innominate term. Repudiation involves a party indicating that they will no longer perform their obligations under the contract, which is a serious and fundamental breach. This action would have been taken based on the assumption that the other party had breached a term, which was ultimately found to be incorrect.

A Party to a Contract Erroneously Acted on an Assumption