violation qui atteint l'essence du contrat

OBS: violation qui atteint l'essence du contrat : terme normalisé par le Comité de normalisation, Promotion de l'accès à la justice dans les deux langues officielles (PAJLO).

CONT: ... under a contract to erect a mill and maintain and operate it for five years and not to transfer it in that time, breach of the latter stipulation gives rise to an action for damages but does not entitle the adversary party to recover money paid, as a consideration for the contract. 1 Under a similar contract buildings were erected by a manufacturing company under a contract to remove their business, but the removal was never made. This was held to be a breach going to the essence of the contract, and recovery could be had of money paid thereunder ...