Study sets matching "law contract performance breach"
Study sets
Diagrams
Classes
Users
anticipatory repudiation
bilateral mistake
breach of contract
condition precedent
An assertion or action by a party indicating that he or she wi…
A mistake that occurs when both parties to a contract are mist…
The failure, without legal excuse, of a promisor to perform th…
A condition in a contract that must be met before a party's pr…
anticipatory repudiation
An assertion or action by a party indicating that he or she wi…
bilateral mistake
A mistake that occurs when both parties to a contract are mist…
Voluntary consent
There is no contract if:
All other types of mistakes will not af…
Umberto and Keeley
There must be a meeting of the minds.
the both parties to the contract have made a mistake as to any…
...
Keeley buys a Van Gogh painting from art dealer Umberto. Keele…
Voluntary consent
There must be a meeting of the minds.
There is no contract if:
the both parties to the contract have made a mistake as to any…
voluntary consent
Mistakes
Unilateral Mistakes of Fact
Bilateral (Mutual) Mistakes of Fact
Consent may be lacking due to: ... - Mistake. ... - Fraudulent Misre…
A mistake of fact occurs when the parties entered into a contr…
- The other party to the contract knows or should have known t…
A mistake by both contracting parties about one or more materi…
voluntary consent
Consent may be lacking due to: ... - Mistake. ... - Fraudulent Misre…
Mistakes
A mistake of fact occurs when the parties entered into a contr…
Voluntary Consent
Types of Mistakes that can void a contr…
Fraudulent Misrepresentation
Undue Influence
knowing and agreement to a contract, the signer must not be un…
Must have Material Fact- a fact that a reasonable person would…
- information was intended to be false, can happen by words or…
party who signed was pressured by influence from other party t…
Voluntary Consent
knowing and agreement to a contract, the signer must not be un…
Types of Mistakes that can void a contr…
Must have Material Fact- a fact that a reasonable person would…
remedy
defenses to performace
unilateral mistakes
bilateral mistakes
the relief provided for an innocent party when the other party…
mistakes of fact (bilateral and unilateral), fraudulent misrep…
mistake of fact made by one party, but contract enforceable un…
"mutual misunderstanding concerning a basic assumption on whic…
remedy
the relief provided for an innocent party when the other party…
defenses to performace
mistakes of fact (bilateral and unilateral), fraudulent misrep…
privity of contract
assignment
assignor
assignee
the relationship that exists between the promisor and the prom…
the transfer of all or part of one's rights arising under a co…
a party who transfers (assigns) his or her rights under a cont…
a party to whom the rights under a contract are transferred or…
privity of contract
the relationship that exists between the promisor and the prom…
assignment
the transfer of all or part of one's rights arising under a co…
Contract Interpretation
Parol Evidence Rule
Performance
Substantial Performance
-words are given their common meaning... -courts interpret ambigu…
Parties may not introduce new evidence of prior oral agreement…
Parties enter into contracts to ensure the performance of a pr…
-When a party honestly attempts to perform but has fallen shor…
Contract Interpretation
-words are given their common meaning... -courts interpret ambigu…
Parol Evidence Rule
Parties may not introduce new evidence of prior oral agreement…
Discharge through performance
Breach by performance
Cutter v Powell
Divisible or Severable Contracts
If both parties have fulfilled their contractual obligations,…
If one of the parties to a contract fails to perform their obl…
No completion of contractual obligations will mean no payment…
If payment is due at various stages of a contract, not in one…
Discharge through performance
If both parties have fulfilled their contractual obligations,…
Breach by performance
If one of the parties to a contract fails to perform their obl…
Confirming goods
Cover
Incidental damages
Installment contract
Goods that confirm to the contracts description in every way
Purchasing/ leasing other goods to substitute for those under…
damages arising directly out of a breach of contract
A contract that requires or authorizes goods to be delivered a…
Confirming goods
Goods that confirm to the contracts description in every way
Cover
Purchasing/ leasing other goods to substitute for those under…
complete performance
doctrine of substantial performance
material breach
"time is of the essence"
when a party's performance is perfect, it is said to be comple…
a party who in good faith performs substantially all the terms…
when a performance is not substantial and there is this kind o…
when included in a contract, this means that the time element…
complete performance
when a party's performance is perfect, it is said to be comple…
doctrine of substantial performance
a party who in good faith performs substantially all the terms…
When should a nonbreaching party treat…
Which of the following best summarizes…
Unless the contract provides otherwise,…
Under U.C.C. Article 2, unless the cont…
When the breach is coupled with an anticipatory repudiation.
A buyer can always reject defective shipment in a single deliv…
In cash, tender of delivery.
The buyer, but may be recovered from the seller if the goods d…
When should a nonbreaching party treat…
When the breach is coupled with an anticipatory repudiation.
Which of the following best summarizes…
A buyer can always reject defective shipment in a single deliv…
Arcos v Ronassen
Morris v Barron
The Hannah Blumenthal
Head v Tattersall
Example of specific performance standard; wooden posts of the…
Mutual release- both parties agree to relieve the other of the…
Agreements to relieve the other of their obligations must be l…
Discharge by a condition subsequent
Arcos v Ronassen
Example of specific performance standard; wooden posts of the…
Morris v Barron
Mutual release- both parties agree to relieve the other of the…
Voluntary Consent
Unilateral Mistake
Bilateral Mistake
Discharge
genuinely agreeing to the terms (of a valid contract)
mistake made by only one of the parties
"mutual misunderstanding concerning a basic assumption on whic…
terminate ones contractual duties
Voluntary Consent
genuinely agreeing to the terms (of a valid contract)
Unilateral Mistake
mistake made by only one of the parties
Unilateral Mistakes of Fact
Bilateral Mistake of Fact
Mistake of Value
Fraudulent Misrepresentation
made by only one of the parties. Normally the contract is enfo…
a mutual misunderstanding concerning a basic assumption on whi…
concerns the future market value or quality of the object of t…
affects the authenticity of the innocent party's consent to th…
Unilateral Mistakes of Fact
made by only one of the parties. Normally the contract is enfo…
Bilateral Mistake of Fact
a mutual misunderstanding concerning a basic assumption on whi…
remedy
defenses to performace
unilateral mistakes
bilateral mistakes
the relief provided for an innocent party when the other party…
mistakes of fact (bilateral and unilateral), fraudulent misrep…
mistake of fact made by one party, but contract enforceable un…
"mutual misunderstanding concerning a basic assumption on whic…
remedy
the relief provided for an innocent party when the other party…
defenses to performace
mistakes of fact (bilateral and unilateral), fraudulent misrep…
Poussard v Spiers & Bond
Bettini v Gye
Hochester v De La Tour
Avery v Bowden
Breach of a condition means the contract can be ended
If only a warranty, no right to end the contract
Claimant can wait until actual breach or start legal action im…
Can be a risk when waiting
Poussard v Spiers & Bond
Breach of a condition means the contract can be ended
Bettini v Gye
If only a warranty, no right to end the contract
Discharge of k
5 kinds of discharge
Express conditions
Implied conditions
causes binding promise to cease to be binding, parties no long…
1. conditions in original k (happening or non-happening of eve…
uses language such as.. "provided that, on the condition that,…
may be implied by law (UCC- time and place of delivery)
Discharge of k
causes binding promise to cease to be binding, parties no long…
5 kinds of discharge
1. conditions in original k (happening or non-happening of eve…
contract interpretation
Parol evidence rule
Performance
substantial performance
ambiguous terms are interpreted: ... 1. against drafter... 2. accord…
can't introduce evidence of prior oral agreements that would c…
Parties enter into contracts to ensure the performance of a pr…
honestly attempted to perform but has fallen short. ... -entitled…
contract interpretation
ambiguous terms are interpreted: ... 1. against drafter... 2. accord…
Parol evidence rule
can't introduce evidence of prior oral agreements that would c…
What is a breach of contract?
Where do obligations of a contract come…
Obligations: express terms?
Obligations: implied terms?
When a party unlawfully refused to perform what is due from hi…
express and implied terms
- product specification... - price... - to take "reasonable endeavou…
- contracts between businesses: Sale of Goods Act 1979: the go…
What is a breach of contract?
When a party unlawfully refused to perform what is due from hi…
Where do obligations of a contract come…
express and implied terms
Contract interpretation
Trade usage
Handwritten terms
Construed against drafter
Words are given their common meaning... Courts interpret ambiguou…
specific/particular definition of a term
best evidence of intention
court will decide unclear terms
Contract interpretation
Words are given their common meaning... Courts interpret ambiguou…
Trade usage
specific/particular definition of a term
Food Packaging, Inc., agrees to sell 50…
Super Resources, Inc., sells unprocesse…
Price-Cut Discount Stores are open to c…
International Gem Corporation agrees to…
c. may reject delivery, and notice to Golden of Food's intent…
d. not disclaim it.
b. a higher duty on Price-Cut than on consumers.
a. International's place of business.
Food Packaging, Inc., agrees to sell 50…
c. may reject delivery, and notice to Golden of Food's intent…
Super Resources, Inc., sells unprocesse…
d. not disclaim it.
Breach of contract
Actual breach
Pilbrow v Pearless de Rougement
Bunge Corporation v Tradax Export SA
When a party fails to perform an obligation.
Failed to perform an obligation... Or ... Failed to perform it at…
Seeks legal advice.... Gets it, but not from a solicitor.... Pil r…
Had to give 15 days notice of readiness to load a ship.... B gav…
Breach of contract
When a party fails to perform an obligation.
Actual breach
Failed to perform an obligation... Or ... Failed to perform it at…
Breach of Contract
Anticipatory Breach
Remedies for anticipatory breach
Supervening events
Failure by a party to perform his obligation under that contra…
Indication of intention to not perform obligations under contr…
Sue for damages... Wait until time of performance to see if the…
The risk of waiting for the time of performance is that someth…
Breach of Contract
Failure by a party to perform his obligation under that contra…
Anticipatory Breach
Indication of intention to not perform obligations under contr…
Performance of Contract
Non-performance
Partial Performance
Substantial Performance
1.) Contract made containing various terms... 2.) Legal obligatio…
A total failure to do anything to fulfil the terms of the cont…
Anything less than complete but more than non performance is p…
When the performance made comes close enough to complete perfo…
Performance of Contract
1.) Contract made containing various terms... 2.) Legal obligatio…
Non-performance
A total failure to do anything to fulfil the terms of the cont…
delivery
Tender Performance
condition precedent
condition subsequent
transfer of goods from buyer to seller.
An offer to perform:... home inspection comes back good, buyer mu…
action must take place in furture for a parties performance
excused contractual performsnce based on future mistake:... Insu…
delivery
transfer of goods from buyer to seller.
Tender Performance
An offer to perform:... home inspection comes back good, buyer mu…