(a) Whether a party is in breach of contract is determined by the agreement or, in the absence of agreement, this title. A breach occurs if a party without legal excuse fails to perform an obligation in a timely manner, repudiates a contract, or exceeds a contractual use term, or otherwise is not in compliance with […]
(a) A claim or right arising out of a breach of contract may be discharged in whole or part without consideration by a waiver in a record to which the party making the waiver agrees after breach, such as by manifesting assent, or which the party making the waiver authenticates and delivers to the other party. […]
(a) A party in breach of contract may cure the breach at its own expense if: (1) The time for performance has not expired and the party in breach seasonably notifies the aggrieved party of its intent to cure and, within the time for performance, makes a conforming performance; (2) The party in breach had reasonable grounds to […]
(a) Subject to subsection (b) of this section and § 22-705 of this subtitle, tender of a copy that is a material breach of contract permits the party to which tender is made to: (1) Refuse the tender; (2) Accept the tender; or (3) Accept any commercially reasonable units and refuse the rest. (b) In a mass-market transaction that calls […]
If an agreement grants a right in or permission to use informational rights which precedes or is otherwise independent of the delivery of a copy, the following rules apply: (1) A party may refuse a tender of a copy which is a material breach as to that copy, but refusal of that tender does not cancel […]
(a) Except as otherwise provided in this section, after rightful refusal or revocation of acceptance of a copy, the following rules apply: (1) If the refusing party rightfully cancels the contract, § 22-802 of this title applies and all contractual use terms continue. (2) If the contract is not canceled, the parties remain bound by all contractual obligations. […]
(a) A party that accepts a nonconforming tender of a copy may revoke acceptance only if the nonconformity is a material breach of contract and the party accepted it: (1) On the reasonable assumption that the nonconformity would be cured, and the nonconformity was not seasonably cured; (2) During a continuing effort by the party in breach at […]
(a) A contract imposes an obligation on each party not to impair the other’s expectation of receiving due performance. If reasonable grounds for insecurity arise with respect to the performance of either party, the aggrieved party may: (1) Demand in a record adequate assurance of due performance; and (2) Until that assurance is received, if commercially reasonable, suspend […]
(a) If a party to a contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the contract to the other party, the aggrieved party may: (1) Await performance by the repudiating party for a commercially reasonable time or resort to any remedy for breach of contract, even if […]
(a) A repudiating party may retract its repudiation until its next performance is due unless the aggrieved party, after the repudiation, has canceled the contract, materially changed its position, or otherwise indicated that it considers the repudiation final. (b) A retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party […]
