Cumulative Rights All specific rights or remedies under this Treaty are not exclusive, but combined with all other rights and remedies. The law recognizes this difference, the first being classified as a major offence, while the second is classified as a minor or partial offence. The difference is considerable, because the remedies are different. A material breach by one party excuses the other party from the performance of the contractual conditions. In the example above, the party`s refusal to pay for the product justifies the other party`s refusal to deliver the product. Remedies for minor offences differ. The victim is not excused by the benefit, but has the right to recover the amount of money that compensates for the losses of the injuring party resulting from the minor offence. There should always be a termination clause of a contract before the obligations agreed by each party are fulfilled. Once both parties have agreed on a termination procedure such as the one described above, think about the impact on your business and leave them in the termination provision. For example, if the contract was terminated prematurely, should there be provisions for payments covering work completed but not yet paid? This means that the contract can only be terminated if the other party violates the agreement, and only if the non-injuring party sends a notice of the infringement to the other party and gives the injuring party 30 days to remedy the infringement. After 90 days, another termination must take place to effectively terminate the contract.
If this procedure was not followed to the letter, no right of termination would be applied. Any attempt to do so without following this procedure would constitute a breach of the agreement. An alternative is to provide for immediate termination in the event of a breach, but if this is a provision that applies to both parties, consider the impact on your own business if, for example, it misses the payment deadline by one day. Often, the parties also wish to indicate that the agreement can only be changed in a specific letter executed by the parties. However, most courts do not impose this language if the parties have modified the contract by their conduct or if the oral amendments are otherwise permitted by law or case law. . . .