Cited by

-400 (1959) (“Ordinarily the victim of a minor or partial breach must continue his own performance, while collecting damages for whatever loss the minor breach has caused him; the victim of a material or total breach is excused from further performance.”).

(“One of the remedies available at common law upon a material breach of contract is the right to cease performance and recover the profits which would have been made had the entire contract been performed.”); accord Murphy Farrell Dev., LLLP, v. Sourant, ¶ 33 (App. 2012).

“Ordinarily the victim of a minor or partial breach” is entitled only to “damages for whatever loss the minor breach has caused him[.]”

See, (“Ordinarily the victim of a minor or partial breach must continue his own performance, while collecting damages for whatever loss the minor breach has caused him; the victim of a material or total breach is excused from further performance”).

C.f. Zancanaro v. 6 (“Ordinarily the victim of a minor or partial breach must continue his own performance, while collecting damages for whatever loss the minor breach has caused him.”).

“A material breach by one party excuses performance by the other party to the contract.” RAJI (Civil) Contract 9 (citing Restatement (Second) of Contracts § 241)

is not clear, and no other evidence corroborated this claim.” She then concluded that Arik had “failed to prove damages by a preponderance of the evidence.” ¶18 In contrast, Judge Martin concluded that Arik’s duty to pay rent was entirely excused for as long as RGO was in breach

¶13 “Ordinarily the victim of a minor or partial breach must continue his own performance, while collecting damages for whatever loss the minor breach has caused him; the victim of a material or total breach is excused from further performance.” 5 HORST v. HORST Decision of the Court (1959) (citation omitted).

See Murphy Farrell Dev., ¶ 33 (App. 2012) (“[A]n uncured material breach of contract relieves the non-breaching party from the duty to perform and can discharge that party from the contract.”); (“Ordinarily the victim of a minor or partial breach must continue his own performance, while collecting damages for whatever loss the minor breach has caused him; the victim of a material or total breach is excused from further performance.

¶21 “Ordinarily the victim of a minor or partial breach must continue his own performance, while collecting damages for whatever loss the minor breach has caused him; the victim of a material or total breach is excused from further performance.” (citation omitted).

(explaining that a victim of a minor or partial breach must continue to perform, but that the victim of a material or total breach is excused from further performance).

("[T]he victim of a material .

Although a reasonable time for performance of a contract may generally be implied, the same principle does not apply here because our legislature has placed strict requirements on real estate professionals who seek to recover commissions, Young, 230 Ariz. at 436, ¶ 13.

erally include compliance with applicable building codes and other legal design requirements as an implied term.”); Ramsey Air Meds, L.L.C., 198 Ariz. at 17 ¶ 34, 6 P.3d at 322 (“For example, when a builder contracted with a plumbing company to install plumbing fixtures in fifty new houses, the contract contained an implicit promise that the fifty new houses would be built.”); (“An implied promise arising out of the expressed provisions of the contract is as much a part of the contract as a writ

394, 400, (one party’s breach of a material provision in a contract excuses the other party’s performance).

by modifying the amount of the judgment.”

(holding that victim of a minor or partial breach must continue own performance but victim of a material or total breach is excused from further performance); Restatement (Second) of Contracts § 242, emt.

We found, however, that “[w]ith regard to options contracts, courts generally hold that a reasonable time period will be judicially implied where none is specified in the agreement.” Id.

(“When time for performance is material to a contract and one party fails to perform by the contract deadline date, the other party may treat the contract as ended.”); (“One of the remedies available at common law upon a material breach of contract is the right to cease performance and recover the profits which would have been made had the entire contract been performed.”).