Study sets matching "law contract performance breach"
Study sets
Classes
Users
anticipatory repudiation
bilateral mistake
breach of contract
commercial impracticability
An assertion or action bu a party indicating that he or she wi…
A mutual misunderstanding concerning a basic assumption on whi…
The failure, without legal excuse, of a promisor to perform th…
A doctrine under which a seller may be excused from performing…
anticipatory repudiation
An assertion or action bu a party indicating that he or she wi…
bilateral mistake
A mutual misunderstanding concerning a basic assumption on whi…
Genuineness of Assent
Unilateral Mistake
Mutual mistake of a material fact
Material Fact
Requirement that a party's assent to a contract be genuine
Only one party is mistaken about a material fact regarding the…
Made by both parties concerning a material fact that is import…
Fact that is important to the subject matter of a contract
Genuineness of Assent
Requirement that a party's assent to a contract be genuine
Unilateral Mistake
Only one party is mistaken about a material fact regarding the…
Precisely
Discrepancy
Plead
Divisible
Exactly.
A difference especially between things that should be the same.
Make an emotional appeal.
Capable of being divided.
Precisely
Exactly.
Discrepancy
A difference especially between things that should be the same.
Assent
Genuineness assent
Unilateral Mistake
Ex: Unilateral Mistake
the expression of approval or agreement.Voluntary assent by th…
The requirement that a party's assent to a contract be genuine…
A mistake in which only 1 party is mistaken about a material f…
If a buyer contracts to purchase a new automobile while thinki…
Assent
the expression of approval or agreement.Voluntary assent by th…
Genuineness assent
The requirement that a party's assent to a contract be genuine…
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…
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
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…
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…
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…
Voluntary consent
Mistakes of Fact
Mistake of Quality or Value
Unilateral Mistake
- Lack of this can be used as a defense to the contract's enfo…
- makes a contract voidable... - must involved some material fact…
- one cannot rescind the contract in this case... - violin example
- made by only one of the parties... - in general, does not give…
Voluntary consent
- Lack of this can be used as a defense to the contract's enfo…
Mistakes of Fact
- makes a contract voidable... - must involved some material fact…
Conforming goods
Cover
Cure
Installment contract
Goods that conform to the contract description in every way.
Buyers and sellers can protect themselves by buying or leasing…
Seller has right to repair or replace defective goods within t…
Can be rejected if: installment is substantially non-conformin…
Conforming goods
Goods that conform to the contract description in every way.
Cover
Buyers and sellers can protect themselves by buying or leasing…
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…
complete performance (most common)... by a…
Rescission
Novation... (to have this you must have a…
objective Impossibility
how does a contract end?
ENDS BY AGREEMENT... The parties cancel the contract and each is…
ENDS BY AGREEMENT... The parties agree to substitute a new party…
ENDS BY UNFORESEEN EVENT... It cant be done by anyone... ex. a spec…
complete performance (most common)... by a…
how does a contract end?
Rescission
ENDS BY AGREEMENT... The parties cancel the contract and each is…
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
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…
Cutter v Powell
Sumpter v Hedges
Hoenig v Isaacs
Bolton v Mahadeva
Legal principle: entire obligations- there is a condition prec…
Legal principle: entire obligations ... Facts: defendant contract…
Legal principle: substantial performance ... Facts: interior deco…
Legal principle: substantial performance... Facts: plaintiffs con…
Cutter v Powell
Legal principle: entire obligations- there is a condition prec…
Sumpter v Hedges
Legal principle: entire obligations ... Facts: defendant contract…
Performance to the satisfaction of a th…
Implied in fact Conditions
Implied in Law Conditions
Concurrent Conditions
A contract may include a condition that performance must be to…
not specifically stated but understood by the parties as of K.…
the legal system expects a fair and just result in all contrac…
Mutual promises depend on each other
Performance to the satisfaction of a th…
A contract may include a condition that performance must be to…
Implied in fact Conditions
not specifically stated but understood by the parties as of K.…
Complete Performance
Doctrine of Substantial Performance
Material Breach
Time Delays
When a party's performance is perfect, it is said to be comple…
A party who in good faith performs substantially all of the te…
Where performance is not substantial. IF there is a material b…
Ordinarily, a delay does not excuse the responsibility for pay…
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 of the te…
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.
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…
Condition
Express condition
Constructive condition (implied conditi…
Types of conditions
- Rest 224 fact or an event, the happening or non-happening of…
- a condition explicitly agreed to and placed in the contract…
- a condition that is imposed by law in order to do justice
1. Condition precedent ... 2. Condition subsequent ... 3. Concurrent…
Condition
- Rest 224 fact or an event, the happening or non-happening of…
Express condition
- a condition explicitly agreed to and placed in the contract…
When may a minor breach allow the nonbr…
Under the UCC, what is required to cure…
Under the UCC, in the case of a single…
In a noncarrier case, for proper delive…
If it is coupled with anticipatory repudiation.
(i) Reasonable notice of the intention to cure, and (ii) a new…
seller then has a right to cure within the original time for p…
(i) put and hold the goods at the buyer's disposition for a ti…
When may a minor breach allow the nonbr…
If it is coupled with anticipatory repudiation.
Under the UCC, what is required to cure…
(i) Reasonable notice of the intention to cure, and (ii) a new…
"Performance"
Imperfect Tender
Rejection: Seller's Right to Cure
Rejection: Installment Contracts
CL : substantial performance of K... UCC: Perfect Tender Rul…
Buyer can either:... 1. Timely reject goods + sue for damaages…
*Seller can cure performance by giving reasonable notice of th…
Rejection of Installment:... Buyer has a right to reject an ins…
"Performance"
CL : substantial performance of K... UCC: Perfect Tender Rul…
Imperfect Tender
Buyer can either:... 1. Timely reject goods + sue for damaages…
Genuineness of Assent
Unilateral Mistake
Mutual mistake of material fact
Material fact
The requirement that a parties assent to a contract is genuine…
Only one party is mistaken about a material fact regarding the…
Mistake made by both parties concerning a material fact that i…
A fact that is important to the subject matter of a contract
Genuineness of Assent
The requirement that a parties assent to a contract is genuine…
Unilateral Mistake
Only one party is mistaken about a material fact regarding the…