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Messages - ucsblaw8

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Here is my understanding...

In the Restatement, a Total breach presupposes a Material breach but not vice versa. If you have a material breach then you can suspend your performance until the breaching party performs its obligations. But, if the breaching party never performs, then you have a Total breach which completely discharges your (the non-breaching party's) performance obligations and you can now sue for both actual and future damages.

A total breach is a material breach that has not been cured within a reasonable time (to a maximum of 30 days)

A partial breach is a little different...if the breaching party has substanitally performed but not fully it constitutes a partial breach. Think of it this way...if you have a breach and it is not Material then it is Partial. A partial breach does not discharge your (the non-breaching party's) performance obligations which means that you must still perform (or else you will be in breach yourself) but you may sue for actual damages (but unlike total breach you cannot sue for future damages).

Another thing to keep in mind is what jurisdiction you fall under. The above explanation is for the restatement. If you are in a jurisdiction that follows the case law from Sackett v. Spindler there is a slight distinction to the above analysis. In a Sackett jurisdiction, a material breach is automatically a total breach, hence, there is no reasonable time to cure by the breaching party. So, once you identify a material breach in a Sackett jurisdiction you automatically discharge your performance obligations and can sue for actual and future damages. You do not need to "suspend" performance and give the breaching party reasonable time to cure.

Note: Partial breach works the same way in the Restatement as it does in Sackett

I hope this helps

General Board / Re: LOR policy at my school
« on: March 16, 2006, 12:26:35 PM »
unfortunately it's at a private school >:(

General Board / LOR policy at my school
« on: March 16, 2006, 04:01:44 AM »
I heard through the grapevine that our school is adopting a new more letters of recommendation for students that aspire to transfer! I do not know if this is settled yet or if it's true to begin with but I was wondering...if the school decides to adopt this policy...what can a student do if they want to transfer? Can a school deprive students from LORs? Do they even have the right?

Anyone know if any other schools have done something similar?


Transferring / Re: Let's beat this dead horse once more
« on: February 20, 2006, 10:35:00 PM »
ya, 4 classes plus legal research first semester. Our full time program has 6 classes plus research! The amount of work is intense but I thought that how most schools were. I checked out transferapps and I guess things don't seem to hopeful for me. I wonder...sine the schools I apply to only have one semester of grades to look at, if they don't accept me EA would they defer me and wait to see how second semester grades are before a flat out rejection?

Transferring / Let's beat this dead horse once more
« on: February 20, 2006, 08:05:20 PM »
Posting on here about "chances of transferring" or "advice" seems as useful as a 3rd nipple but it feels good to get some feedback from peers whether positive or negative. I received my unofficial ranking as a first year PT student and I am toying with the idea of transferring. My grades were Contracts (A), Torts (A-), LRW (B-) and Crim (B+). That gives me a 3.43 gpa and puts me in the top 20% of my class. My school only ranks in blocks of 10% so I can't tell you if I'm in the 10.1% or 20% and sadly enough, I'll never know. I want to shoot for GULC PT mainly because if I were to transfer I would only leave my school for a really good out of state school or a good regional school in California. The only top schools I know with PT programs are GULC and GW. GULC has Early Action Apps for transfer students so I was considering sending in an App for EA. Now to my real question...I know top 20% is not strong enough for GULC PT but should I apply anyway as EA with only Fall semester grades or wait until end of spring and hope to make it to top 10% and then apply? The problem with waiting until the spring is that seats get filled from all the EA apps. Any suggestions?

P.S. I attend at T3 in Cali and I do not have a compelling reason for wanting to transfer to GULC other than the fact that I'd love to live in DC and the school would open more doors for me. I ultimately want to work in academia and knowing how competitive that can be I would rather have a T1 on my resume than a T3.


General Board / Re: Ranking
« on: January 11, 2006, 12:13:07 PM »

General Board / Re: Ranking
« on: January 10, 2006, 02:13:10 PM »
You are currently ranked 112. 

Actually, I just checked and I'm ranked 113 but you were close.

I was referring to more of a guestimation in percentiles.

General Board / Ranking
« on: January 10, 2006, 01:42:46 PM »
Can anyone give some insight on how I can tell what my class ranking would possibly be? I would look to our schools previous stats but this year my school adopted a new curve that went from a dreaded 2.3 to a much more favorable 2.9. I have a 3.3 average this semester and I'm eager to guesstimate my ranking. Anyone interested in helping me figure this out?


Studying and Exam Taking / Re: BarBri for 1L?
« on: September 20, 2005, 06:22:00 PM » it beneficial to a 1L or is it more directed towards the Bar? I have heard that the outlines are too cut and dry and might not be helpful...but what do I know, it's only my 4th week.


Studying and Exam Taking / BarBri for 1L?
« on: September 18, 2005, 02:58:21 PM »
Anyone use BarBri for 1L study? I keep seeing this guy in my 1L class with this huge green BarBri book (while working on his case briefs) and I can't help but wonder what the hell he's doing with it. Next time I see him I'll ask him but I figure I can ask LSDers as well.


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