Exam 17: Performance,breach,and Discharge

Janice contracts to sell a certain tract of land to Anthony for $5,000,but the contract does not state a time for delivery of the deed and payment of the price.In this situation:

Louis agreed to provide all the apples that Cindy's Cider Mill will need at $5 per bushel unless weather conditions require additional labor to be hired.The rate would then be $5.50 per bushel.A freeze warning required Louis to hire 100 additional overtime workers,raising the cost per bushel to $6.75.Louis wants to get out of his contract.Can he?

Forrest has a contract with Denzel to construct a new condominium complex.The contract provides that Forrest must furnish a certificate of occupancy and conformity with the local fire code before Denzel has an obligation to pay.The furnishing of the certificate is an implied in fact condition subsequent to the construction of the building.

One party's unauthorized alteration of any of the material terms in a written contract discharges the entire contract.

Brooklyn and Doug make a contract for Brooklyn to manufacture five leather sofas of a specified design.Prior to their manufacture,the factory is destroyed in an accidental fire that is no one's fault.The sofas are available from other sources.Brooklyn:

Refusal of a tender of performance by one party to a bilateral contract will:

Concurrent conditions occur when mutual duties of performance are to take place simultaneously.

A(n)____ is a contract between a promisee and a promisor by which the promisee agrees to accept and the promisor agrees to render a substituted performance in satisfaction of an existing contractual duty.

Miller has a contract to sell 1,000 bushels of wheat to a bakery.The wheat is stored in a grain elevator and has become infested with insects.Miller is:

Professor Glass is hired by Towers University to teach business law at a salary of $6,000 per month.After school has been in session for two months,the Business Administration Building is destroyed by fire.The University refuses to pay him any further salary,claiming they are discharged from their obligation of performance.Is the University discharged from its obligation of performance? Is Professor Glass discharged from his obligation of performance? Explain,citing the legal principles involved.

A breach of contract always discharges the injured party from performance under the contract.

Which of the following generally is not grounds for discharge of a contract by operation of law?

A tailor agrees to sew a suit for Bryan,who promises in return to pay $1,200 for the suit if he is satisfied with it.The tailor completes the suit,which fits Bryan perfectly.Nevertheless,he says that he is not satisfied and refuses to accept or pay for it.Bryan is honest in his dissatisfaction,but gives no reasonable objections.In this case:

An obligee's promise to accept a stated performance in satisfaction of the obligor's existing contractual duty creates an accord.

The Code and the Restatement have no provisions for discharge of contractual duties in cases involving commercial impracticability.

What is a condition? Give an example of each of the following: condition precedent,condition concurrent,and condition subsequent.

"The law generally restricts the time within which an action can be brought by either party to a contract." This statement is:

A novation is an agreement between two parties to have one substitute for the other in a contract.

The Code greatly alters the common law doctrine of material breach by adopting what is known as the:

Rescinding an executory bilateral contract does not qualify as consideration.