§ 19-15 Contract - Breach of Contract - Test for Determining Whether Failure to Render or Offer Performance Is Material

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 19-15 Contract - Breach of Contract - Test for Determining Whether Failure to Render or Offer Performance is Material

In determining whether a failure to render or to offer performance is material, the following circumstances are significant:

(a) the extent to which the injured party will be deprived of the benefit which he reasonably expected;
(b) the extent to which the injured party can be adequately compensated [by damages] for the part of that benefit of which he will be deprived;
(c) the extent to which the party failing to perform or to offer to perform will suffer forfeiture;
(d) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances;
(e) the extent to which the behavior of the party failing to perform or to offer to perform comports with standards of good

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